AVERY  FINE  ARTS  RESTRICTED 


AR01399179 


lEx  ICtbrtB 


SEYMOUR  DURST 


'When  you  leave,  please  leave  this  book 

Because  it  has  been  said 
"Ever  thing  comes  t'  him  who  waits 

Except  a  loaned  book." 


Avery  Architectural  and  Fine  Arts  Library 
Gift  of  Seymour  B.  Durst  Old  York  Library 


3,4  QomSxl 


Digitized  by  the  Internet  Archive 
in  2013 


http://archive.org/details/reportfromcommisOOnewy 


REPORT     ( I  ^ 

FROM  THE  hfatfa 

COMMISSIONERS 

APPOINTED  TO  REVISE 

THE  STATUTE  LAWS 

OF  THE 

STATE  OF  NEW- YORK, 

Prepared  in  obedience  to  a  Resolution  of  the 
Hon.  the  Assembly. 


COMMUNICATED  MARCH  15,  1826. 


JlLBjlA  Y: 

PRINTED  BY  CROSWELL,  BARNUM  &  VAN  BENTHUYSEN 


1826. 


{FN 

A?. 


Albany,  March  15th,  1826. 

Sir, 

We  have  the  honor  to  transmit  herewith,  a  report 
from  the  revisers  of  the  laws,  prepared  in  obedience 
to  a  resolution  of  the  honorable  the  Assembly. 
We  are,  Sir, 

With  great  respect, 
Your  ob?t.  servants, 
JNO.  DUER, 
B.  F.  BUTLER. 
H.  WHEATON. 

The  Hon.  Samuel  Young, 
Speaker  of  the  Assembly. 


To  the  Honorable  the  Assembly  of  the  State  of  New- 
York. 

In  obedience  to  the  resolution  of  the  honorable  the 
Assembly  of  the  2nd  instant,  requesting  the  revisers  of 
the  laws  to  state  "  what  progress  they  have  made  in 
the  duties  assigned  them,  and  at  what  time,  in  their 
opinion,  they  will  be  ready  to  report/'  we  have  the 
honor  to  submit  the  following  Report. 

By  the  act  of  the  21st  of  April,  1825,  we  were  au- 
thorised to  collate  and  revise  all  such  public  statutes  of 
this  state,  of  a  general  and  permanent  nature,  as  were 
in  force  at  the  close  of  the  last  session  of  the  legislature. 
In  the  performance  of  that  duty,  we  were  directed 
among  other  things — 

1.  To  collect  and  reduce  into  one  act  the  different 
acts  and  parts  of  acts,  which,  from  similarity  of  sub- 
ject, we  should  think  it  proper  to  consolidate. 

2.  To  distribute  the  acts  to  be  revised  and  consoli- 
dated,  under  such  titles,  divisions  and  sections,  as  we 
should  think  proper. 

3.  To  omit  all  such  acts  or  parts  of  act3  as  had  been 
repealed,  or  had  expired  by  their  own  limitation,  or 
were  repugnant  to  the  provisions  of  the  present  con- 
stitution of  the  state. 

4.  To  suggest  to  the  legislature  such  contradictions, 
omissions,  or  imperfections  as  should  appear  in  the  acts 
to  be  revised,  and  the  mode  in  which  the  same  might 
be  reconciled,  supplied  or  amended. 

5.  To  designate  such  acts  or  parts  of  acts,  if  any,  as 
ought  in  our  judgment  to  be  repealed,  with  our  rea- 
sons for  advising  such  repeal. 

6.  To  recommend  the  passage  of  such  new  acts  ov 
parts  of  acts,  as  such*  repeal  might  in  our  judgment 
render  necessary. 


6 


7.  To  complete  the  revision  in  other  respects,  in 
such  manner  as  we  should  deem  most  proper,  to  render 
the  statutes  more  plain  and  easy  to  he  understood. 

And  8.  To  lay  before  the  legislature,  from  time  to 
time  the  acts  revised  and  arranged  by  us,  to  be  re-en- 
acted if  the  legislature  should  so  determine. 

It  was  however  expressly  provided  in  the  act,  that 
no  change  should  be  made  by  us  in  the  phraseology  or 
distribution  of  the  sections  of  any  statute,  that  hadHbeen 
the  subject  of  judicial  decision,  by  which  the  construc- 
tion of  the  statute,  as  established  by  such  decision, 
should  be  affected  or  impaired. 

Prior  to  the  passage  of  this  act,  the  project  of  a  re- 
vision and  consolidation  of  the  statutes  in  a  more  me- 
thodical arrangement,  and  in  a  style  more  simple  and 
intelligible,  than  had  before  been  attempted  in  this 
state,  accompanied  by  a  specimen,  had  been  laid  be- 
fore the  legislature  by  two  of  our  number  :  and  the  act 
appointing  us,  was  passed  in  conformity  with  the  plan 
thus  proposed. 

Immediately  after  our  appointment,  we  entered  up- 
on the  performance  of  our  duties,  with  a  deep  convic- 
tion of  the  great  importance  and  responsibility  of  the 
trust  confided  to  us,  and  with  an  earnest  desire  to  re- 
alize the  hopes,  and  justify  the  confidence  of  the  le- 
gislature. 

It  was  obvious  that  we  could  not  enter  on  the  labor 
of  actual  revision,  with  any  satisfaction  to  ourselves,  or 
much  prospect  of  utility  to  the  public,  until  the  statutes 
meant  to  be  revised,  had  been  arranged  and  classified. 
It  was  thus  only  that  we  could  be  enabled  to  trace  with 
accuracy  and  precision,  the  outlines  of  the  scheme  which 
we  hoped  to  complete ;  ascertain  the  best  mode  of  a- 
bridging,  by  simplifying  our  labors  :  and  prepare  for 


7 


submitting  their  results  to  the  legislature  with  the  least 
delay,  and  in  a  form,  which*  whilst  it  would  assist  their 
deliberations  in  matters  of  detail,  would  authorise  them 
to  pronounce,  definitively,  on  the  probable  value  of  a 
revision,  conducted  on  the  principles  proposed.  It 
soon  appeared,  that  the  arrangement  we  meditated 
could  not  be  effected,  without  a  careful  analysis  of  the 
various  subjects  embraced  within  the  scope  of  our  pub- 
lic laws.  To  the  formation  therefore  of  a  general  plan 
of  the  work,  founded  on  such  an  analysis,  our  attention 
and  thoughts  were  first  directed  ;  with  a  solicitude 
heightened  by  the  reflection,  that  the  discovery,  in  a 
future  stage  of  our  progress,  of  any  material  defect  in 
the  arrangement,  might  render  useless,  to  a  considera- 
ble extent,  the  labor  already  performed. 

After  mature  consideration  we  came  to  the  conclu- 
sion, that  the  statutes  in  the  proposed  revision,  ought 
to  be  arranged  and  classified  as  follows — 
L  Those  which  relate  to  the  territory ;  the  political 
divisions;  the  civil  polity  ;  and  the  internal  admin- 
istration of  the  state. 

II.  Those  which  relate  to  the  acquisition^  the  enjoy- 
ment, and  the  transmission  of  property,  real  and 
personal ;  to  the  domestic  relations ;  and  generally 
to  all  matters  connected  with  private  rights. 

III.  Those  which  relate  to  the  judiciary  establish- 
ments, and  the  mode  of  procedure  in  civil  cases. 

IV.  Those  which  relate  to  crimes  and  punishments ; 
to  the  mode  of  procedure  in  criminal  cases;  and  to 
prison  discipline. 

V.  Public  laws  of  a  local  and  miscellaneous  character ; 
including  the  laws  concerning  the  city  of  New- York ; 
acts  incorporating  cities  and  villages ;  and  such  other 
acts  of  incorporation  as  it  may  be  deemed  necessary 
to  publish. 


8 


We  were  led  to  this  general  arrangement,  as  the 
most  natural,  and  at  the  same  time  the  most  scientific, 
of  which  the  subject  was  capable.  It  had  also  the  re- 
commendation of  suiting,  better  than  any  other,  the 
actual  state  of  our  jurisprudence  :  serious  alterations 
having  been  proposed,  in  the  judiciary  establishments, 
upon  which  it  was  desirable  to  obtain  an  expression  of 
the  sense  of  the  legislature,  before  the  revision  of  the 
laws  arranged  under  the  third  and  fourth  heads. 

In  addition  to  its  advantages  in  those  respects,  it 
possesses  others  of  perhaps  greater  moment,  which  it 
may  be  proper  to  enumerate.  One  of  the  first  objects 
intended  to  be  effected  by  the  proposed  revision  of  the 
statutes,  was  their  accommodation  to  the  provisions  of 
the  amended  constitution.  The  laws  which  fall  under 
the  first  head,  have  a  closer  connexion  with  that  in- 
strument, than  any  others  now  in  force ;  and  it  was 
therefore  thought  proper  to  commence  our  labours 
with  them.  On  the  other  hand,  as  they  have  grown 
out  of  our  peculiar  form  of  government,  they  are  for 
the  most  part  independent  of  the  common  law  ;  and 
have  but  little  connexion  with  the  general  civil,  or 
criminal  code.  When  detached  from  the  other  sta- 
tutes, they  will  form  a  body  of  constitutional  and  ad- 
ministrative law,  which  is  capable  of  being  reduced  to 
the  simplest  form,  and  the  most  orderly  arrangement. 
As  they  have  but  rarely  been  made  the  subject  of  ju- 
dicial decision ;  and  as  no  general  rules  of  property  de- 
pend upon  them  ;  their  phraseology  maybe  improved, 
without  endangering  titles  to  property,  or  disturbing 
the  rules  by  which  private  rights  have  been  governed. 
It  is  obvious  therefore,  that  to  these  statutes,  our  plan 
of  consolidation  and  amendment,  may  be  applied  with 
greater  facility  and  less  hazard,  than  to  any  other  por- 


9 


tion  of  the  written  law.  This  latter  consideration  was 
of  itself  sufficient  to  gov  ern  our  decision. 

We  trust  therefore,  that  the  proposed  classification 
will  meet  the  approbation  of  the  legislature. 

The  general  arrangement  having  been  fixed,  a  care- 
ful analysis  was  made  of  all  the  public  statutes  in  force 
at  the  close  of  the  last  session,  in  order  to  select  for  im- 
mediate revision,  such  of  them  as  fell  under  the  first 
head.  That  part  of  the  work  was  then  divided  into 
chapters  as  follows. 

Chapter  I,  to  be  entitled,  "  Of  the  boundaries  of  the 
state  and  its  territorial  jurisdiction,"  and  to  contain  1, 
Those  provisions  of  the  existing  laws  which  relate  to 
the  territorial  limits  of  the  state.  2,  Those  which  re- 
late to  its  jurisdiction  over  such  limits,  and  3,  An  enu- 
meration and  description  of  the  exceptions  made  to  such 
jurisdiction,  by  the  cession  of  particular  places  to  the 
United  States. 

Chapter  II,  to be-entitled,  "Of  the  civil  divisions  of 
the  State,"  and  to  contain  an  enumeration  and  descrip- 
tion 1,  Of  the  several  counties  of  the  state.  2,  Of 
the  senate  districts.  3,  Of  the  congress  districts.  4, 
Of  the  towns.  5,  Of  the  cities.  6,  Of  the  incorporated 
villages.  7,  General  prospective  regulations  in  rela- 
tion to  the  creation  and  division  of  counties  and  towns, 
and  the  incorporation  of  cities  and  villages. 

Chapter  III,  to  be  entitled,  66  Of  the  census  or  enu- 
meration of  the  inhabitants  of  the  state,"  and  to  con- 
tain permanent  regulations  for  taking  the  census,  ac- 
cording to  the  constitution  ;  being  a  revision  of  the  act 
of  the  8th  of  April,  1825. 

Chapter  IV,  to  be  entitled,  "  Of  the  public  officers, 
their  qualifications,  privileges  and  disabilities;  the 
mode  of  their  election  or  appointment;  and  the  tenure 

2 


10 


of  their  respective  offices/'  and  to  contain  1,  An  enu- 
meration of  all  the  officers  of  the  state,  their  location 
and  number.  2,  A  classification  of  the  civil  officers,  and 
general  provisions  relating  to  commissions,  resigna- 
tions, removals,  the  mode  of  supplying  vacancies,  &c. 
3>  The  qualifications,  mode  of  appointment,  tenure  of 
office,  privileges  and  disabilities,  of  executive,  legisla- 
tive, judicial,  administrative,  and  military  officers. 

Chapter  V,  to  be  entitled,  "  Of  elections  other  than 
for  town  officers,"  and  to  contain  regulations  concern- 
ing 1,  The  qualifications,  disabilities  and  privileges 
of  the  electors.  2,  General  and  special  elections.  3, 
The  mode  of  notifying  elections.  4,  The  mode  of  con- 
conducting  them.  5,  The  canvass  and  mode  of  declar- 
ing and  certifying  the  result.  6,  The  forms  necessary 
to  carry  into  effect  the  provisions  of  the  chapter. 

Chapter  VI,  to  be  entitled,  "  Of  the  duties,  privi- 
leges, and  disabilities  of  the  legislative  and  principal 
executive  officers  of  the  state,"  ancT  to  contain  a  revision 
of  those  provisions  which  relate  1,  To  the  duties,  &c. 
of  the  Governor,  the  Secretary  of  State,  the  Attorney- 
General,  the  Surveyor-General,  and  Commissioners  of 
the  Land-Office,  the  Comptroller  and  the  Treasurer, 
and  2,  To  the  duties,  &c.  of  Legislative  officers. 

Chapter  VII,  to  be  entitled,  "  Of  the  powers,  duties 
and  privileges  of  towns,"  and  to  contain  1,  Certain  ge- 
neral provisions.  2,  Town  meetings,  and  the  time,  pur- 
poses and  manner  of  holding  the  same.  3,  The  quali- 
fications of  town  officers,  and  the  tenure  of  their  offices. 
4,  Vacancies  in  town  offices  and  the  mode  of  supplying 
them.  5,  Duties  of  town  officers.  6,  Town  charges,  and 
the  mode  of  defraying  them. 

Chapter  VIII,  to  be  entitled,  "  Of  the  powers,  du- 
des, and  privileges  of  Counties,"  and  to  contain  1 . 


11 


Certain  general  provisions.  2,  County  officers  and 
their  duties,  viz.  Board  of  Supervisors  and  County 
Treasurer.  3,  County  charges  and  the  mode  of  defray- 
ing them. 

Chapter  IX,  to  be  entitled,  66  Of  the  salaries  and 
fees  of  the  several  offices  of  this  state,  except  those 
connected  with  the  judiciary. " 

Chapter  X,  to  be  entitled,  "  Of  the  public  property 
and  the  funds  of  the  state,"  and  to  contain  such  statu- 
tory provisions  as  relate  1,  To  the  public  property, 
viz.  the  public  lands,  the  salt  springs,  and  the  Erie 
and  Champlain  Canals.  2,  To  the  funds  of  the  state, 
and  3,  To  its  revenue. 

Chapter  XI,  to  be  entitled,  "  Of  the  assessment  and 
collection  of  Taxes,"  and  to  contain  a  revision  of  the 
tax  law  of  1823,  and  the  subsequent  amendments. 

Chapter  XII,  to  be  entitled,  66  Of  the  militia,  and  the 
public  defence,"  and  to  contain  a  revision  of  the  exist- 
ing laws  relating  to  those  subjects. 

Chapter  XIII,  to  be  entitled,  "  Of  the  public  health,'* 
and  to  contain  a  revision  of  the  laws  concerning  Hos- 
pitals, and  of  the  quarantine  and  other  health  laws. 

Chapter  XIV,  to  be  entitled,  "Of  public  instruction," 
and  to  contain  a  revision  of  the  present  laws  relative  to 
1,  The  Regents  of  the  University.  2,  Colleges,  and 
the  College  of  Physicians  and  Surgeons.  3,  Common 
Schools.  4,  The  incorporation  of  medical^  literary, 
library,  and  other  societies,  connected  with  science  or 
the  arts. 

Chapter  XV,  to  be  entitled,  "Of  agriculture,  trade 
and  manufactures,"  and  to  contain  a  revision  of  the 
laws  for  the  improvement  of  agriculture ;  the  inspection 
and  auction  laws ;  and  the  statutory  provisions  concern- 
ing trade  and  manufactures. 


1% 


Chapter  XVI,  to  be  entitled,  "Of  Highways  and 
Bridges,"  and  to  contain  a  revision  of  the  general  and 
special  acts  concerning  highways.  It  is  proper  to  ob- 
serve, that  these  acts  and  those  relating  to  the  assess- 
ment and  collection  of  taxes,  were  revised  with  great 
care  and  ability  by  one  of  the  gentlemen  named  in  the 
act  of  the  27th  of  November,  1824,  prior  to  his  resig- 
nation. *  The  acts  drawn  up  by  him  will  give  us  great 
aid  in  the  compilation  of  chapters  XI,  and  XVI,  though 
as  they  were  framed  after  the  model  of  the  former  re- 
visions, they  cannot  be  adopted  in  their  present  form. 

Chapter  XVII,  to  be  entitled,  "  Of  Ferries." 

Chapter  XVIII,  to  be  entitled,  "  Of  the  internal  po- 
lice of  the  state,"  and  to  contain  many  subjects  of  a 
miscellaneous  nature. 

Chapter  XIX,  to  be  entitled,  "Of  the  publication  and 
construction  of  the  statutes  of  this  state,  and  to  contain 
1,  Certain  general  provisions  in  relation  to  the  pub- 
lication of  the  statutes,  and  the  time  from  which  they 
shall  take  effect.  2,  General  rules  of  construction,  es- 
pecially with  reference  to  terms  used  in  the  preceding 
statutes,  in  a  peculiar  sense. 

The  revision  of  the  statutes  which  fall  under  the 
first  general  head,  having  furnished  us  sufficient  em- 
ployment, we  have  not  yet  attempted  an  analysis  of  the 
other  parts  of  the  work  ;  but  we  have  devoted  much 
of  our  time  since  the  last  session  of  the  legislature,  to 
the  preliminary  studies,  and  enquiries,  which  were 
necessary  to  a  thorough  examination  of  the  whole  body 
of  the  statute  law ;  and  shall  be  prepared,  on  the  com- 
pletion of  the  first  part,  to  proceed  in  the  others  with- 
out delay. 

In  the  mean  time,  we  have  completed  a  eonsidera- 

*  Erastus  Root,  Esq. 


13 


ble  portion  of  the  first  part,  and  would  have  presented 
several  chapters  to  the  legislature  for  enactment ;  had 
we  not  discovered;  that  there  was  such  a  connexion  be- 
tween its  several  divisions,  that  it  was  essential  to  the 
successful  execution  of  our  plan,  that  the  whole  of  this 
part  should  be  completed,  before  any  portion  should  be 
reported  for  enactment. 

It  would  have  given  us  great  pleasure  to  have  been 
able  to  present  it  entire  at  the  present  session.  That 
however  we  have  found  to  be  wholly  impracticable. — 
A  glance  at  the  numerous  and  comprehensive  subjects 
embraced  within  it,  will  show  its  great  extent.  In- 
deed, after  deducting  acts  of  incorporation,  and  local 
laws,  more  than  three  fourths  of  the  existing  public 
statutes  will  fall  under  this  head.  It  now  fills  nearly 
1200  octavo  pages  :  and  though  we  shall  make  great 
reductions  by  consolidating  different  acts,  and  simpli- 
fying the  language :  yet  as  we  shall  be  obliged  to  pro- 
pose many  new  provisions,  for  the  purpose  of  supply- 
ing omissions,  we  cannot  hope  to  reduce  it  to  less  than 
half  its  present  extent.  It  will  still  form  an  entire  vol- 
ume. 

In  addition  to  the  great  extent  of  this  part ;  the  in- 
trinsic difficulties  of  our  task,  and  the  course  of  labor  we 
have  adopted,  have  rendered  our  progress  exceeding- 
ly slow.  The  various  enactments  applicable  to  the 
first  general  division,  are  to  be  separated  from  the  mass 
of  statutes,  with  which  they  are  now  intermixed  ;  they 
are  then  to  be  classified  in  appropriate  chapters,  and 
arranged  in  suitable  subdivisions.  The  like  process  is 
to  be  adopted  with  the  contents  of  each  minor  division;  it 
being  a  material,  and  as  we  conceive,  a  most  important 
part  of  our  plan,  to  preserve  in  the  distribution  of  the 
sections;  the  same  regard  to  method;  at  which  we  aim 


14 


in  the  general  divisions.  In  the  progress  of  the  work, 
many  changes  in  the  arrangement  originally  contem- 
plated ;  frequent  transpositions  in  the  order  of  the  sub- 
jects  ;  and  new  divisions  and  subdivisions  of  the  differ- 
ent parts,  become  necessary.  It  is  not  until  successive 
experiments  have  been  actually  made,  that  it  can  be 
satisfactorily  ascertained,  under  what  general  head  the 
subjects  of  some  of  the  acts,  may  most  properly  be 
comprised.  But  the  most  serious  portion  of  our  labor 
is  the  drawing  up  of  the  text  itself.  To  reduce  the 
sections  to  a  proper  brevity  ;  to  distribute  them  in  a 
suitable  manner  ;  and  to  simplify  the  language  in  which 
they  are  written  ;  it  becomes  absolutely  necessary  to 
write  the  whole  with  our  own  hands,  and  often  to  give 
our  draughts  several  revisions,  before  we  can  so  far  sa- 
tisfy ourselves,  in  regard  to  arrangement  and  expres- 
sion, as  to  authorise  the  employment  of  a  copyist.  We 
can  therefore  derive  but  little  aid  from  clerks  or  aman- 
uenses ;  nor  have  we  thought  it  consistent  with  the 
great  importance  of  the  trust  confided  to  us,  to  leave  to 
any  one  of  our  number  exclusively,  the  completion  of 
any  part  of  the  work,  though  by  such  a  division  of  labor, 
our  progress  might  have  been  hastened.  To  preserve 
uniformity  of  expression,  and  to  make  our  performan- 
ces in  every  sense  of  the  words,  joint  and  several,  we 
have  adopted  the  plan  of  allotting  to  each  other,  from 
time  to  time,  convenient  portions  of  the  statutes ;  of 
committing  the  draughts  prepared  by  each  to  the  sepa- 
rate and  critical  revisal  of  the  others  ;  and  then  of  sub- 
jecting them  to  the  joint  examination  of  all.  An  allu- 
sion to  these  topics  seems  necessary  to  impart  a  just 
view  of  the  nature  of  our  task,  and  of  the  time  and  la- 
bor which  are  requisite  to  its  successful  execution  ;  and 
it  is  made  for  that  purpose  only. 


lb 


If  however  we  could  have  overcome  these  difficul- 
ties; other  reasons  would  have  compelled  us  to  defer 
the  completion  of  this  part  of  the  work,  until  after  the 
present  session ;  to  some  of  which  it  is  proper  to  refer. 

1.  We  have  found  it  impracticable  to  complete 
Chapter  II,  to  our  satisfaction,  although  much  time 
and  labor  have  been  applied  to  it.  Many  of  the  coun- 
ties into  which  the  state  was  divided  at  the  last  re- 
vision of  the  laws,  have  since  that  time  been  divided, 
or  otherwise  altered  in  their  limits.  In  many  of  those 
cases,  it  is  exceedingly  difficult  to  draw  up  from  the 
different  statutes,  correct  descriptions  of  the  bounda- 
ries. The  same  remark  applies,  and  with  increased 
force,  to  the  towns,  more  than  two  hundred  new  towns 
having  been  created  since  the  last  revision.  In  many 
cases  we  think  it  impossible,  to  describe  the  counties 
and  towns  with  that  accuracy  which  is  desirable,  un- 
less we  can  be  furnished  with  correct  maps  and  de- 
scriptions. In  this  opinion  the  surveyor-general, 
whom  we  have  consulted,  concurs.  By  the  31st  sec- 
tion of  the  act  relative  to  the  duties  and  privileges  of 
towns,  (2.  R.  L.  136,)  the  surveyor-general  is  author- 
ised, in  certain  cases,  to  apply  to  the  supervisors  of 
towns  for  special  surveys  of  their  bounds.  By  exer- 
cising the  power  conferred  in  this  section,  the  difficul- 
ties above  mentioned  may  be  obviated.  We  would 
therefore,  respectfully  submit  it  to  the  legislature, 
whether  it  would  not  be  proper  to  commit  to  that 
officer,  the  drawing  of  these  descriptions,  or  to  confer 
on  the  revisers,  the  power  possessed  by  him. 

2.  Much  labour  has  been  bestowed  on  Chapter  VI, 
but  we  have  thought  it  important  before  we  comple- 
ted that  part  of  it,  which  related  to  the  duties  of  the 
comptroller,  to  obtain  the  assistance  of  that  officer  ;  in 
the  organization  of  whose  office,  it  is  believed  that 


16 


great  improvements  may  be  made.  He  sometime  since 
engaged  to  revise  that  part  of  our  act,  which  related 
to  his  department ;  but  has  been  prevented  from  giv- 
ing us  his  aid,  by  the  various  duties  which  have  pressed 
upon  him  for  several  months  past,  and  which  will 
continue  to  employ  him  during  the  session  of  the  le- 
gislature. 

3.  We  have  not  been  able  to  complete  Chapters  VIII 
and  XI,  inasmuch  as  several  topics  connected  with 
their  contents,  were  referred  to  the  comptroller,  by  a 
joint  resolution  of  the  legislature,  passed  April  21st, 
1825.  That  officer  in  January  last  made  a  report 
pursuant  to  the  resolution,  accompanied  by  two  bills. 
We  have  deemed  it  necessary  to  suspend  the  completion 
of  the  chapters  alluded  to,  until  we  should  learn  the 
decision  of  the  legislature  on  those  bills.  For  the  like 
reason,  it  has  been  found  necessary  to  suspend  Chapter 
XIV,  several  important  amendments  to  the  common 
school  system  being  now  pending  in  the  legislature. 

Notwithstanding  these  hindrances,  we  have  made 
such  progress  in  the  first  part  of  the  work,  that  we 
shall  be  able  to  report  it  complete  on  the  first  day  of 
the  next  session. 

Opportunity  having  been  afforded  us  for  a  farther 
trial  of  the  plan  proposed  at  the  last  session ;  it  may  be 
expected  that  we  should  express  an  opinion  as  to  its 
practicability  and  advantages.  Experience  enables  us 
to  say,  that  in  our  judgment  it  maybe  applied  to  that 
portion  of  the  statutes,  placed  under  the  first  general 
head,  with  entire  success.  We  think  also  that  the 
statutes  concerning  the  judiciary  establishments  ;  the 
modes  of  procedure ;  and  the  criminal  law  ;  may  also 
be  consolidated,  revised  and  arranged  after  the  same 
model.    We  may  indeed  speak  with  some  confidence 


17 


on  this  point;  as  the  specimen  presented  at  the  last  ses* 
sion,  contained  a  partial  revision  of  the  acts  concern- 
ing the  courts  of  justice,  and  the  mode  of  procedure, 
and  received,  though  a  first  effort,  the  approbation  of 
the  legislature'.  It  has  also  been  carefully  examined 
by  many  of  our  best  lawyers,  whose  favorable  opinions, 
expressed  in  some  cases,  after  overcoming  prejudices 
imbibed  against  the  plan  without  fully  understanding 
it,  have  given  us  the  greatest  encouragement. 

With  respect  to  the  class  of  statutes  falling  under 
the  second  general  division,  the  difficulties  to  be  met, 
and  the  caution  to  be  exercised,  are  much  increased 
by  the  considerations,  that  most  of  those  statutes  affect 
titles  to  property  ;  and  that  almost  every  line  of  them 
has  been  the  subject  of  judicial  interpretation.  Many 
of  our  professional  brethren,  for  whose  opinions  wre 
entertain  the  highest  respect,  are  averse  to  any,  even 
the  least  alteration,in  their  phraseology  or  arrangement, 
lest  rules  of  property  should  be  altered,  and  decisions 
overturned.  Objections  founded  on  similar  apprehen- 
sions, have  indeed  been  urged  as  applicable  to  our  plan 
of  revision,  in  its  whole  extent.  Confined  to  the  sta- 
tutes of  which  we  now  speak,  we  are  fully  sensible 
that  they  deserve  to  be  weighed  with  great  delibera- 
tion; but  when  extended  to  the  laws  embraced  in  the 
first  division  of  our  work,  for  reasons  to  wiiich  we  have 
already  adverted,  and  from  the  experiments  already 
made,  we  cannot  think  them  entitled  to  much  conside- 
ration. When  we  shall  have  completed  the  revision 
of  these  laws,  it  will  become  our  duty,  in  submitting 
them  to  the  legislature,  to  communicate  our  matured 
opinions,  in  relation  to  the  best  mode  of  prosecuting 
the  residue  of  the  work ;  and  our  future  course  will 
be  governed  by  tlie  directions  which  we  shall  then  re- 
ceive. 3 


18 


As  to  the  first  part  of  the  work,  we  repeat,  that  m 
our  judgment,  there  are  no  difficulties  to  be  encounter- 
ed in  the  execution  of  our  plan,  which  care  and  labour 
may  not  surmount,  nor  any  dangers  to  be  apprehend- 
ed, from  its  liberal  application.  And  if  we  should 
merely  reduce  that  portion  of  the  statutes  to  order 
and  simplicity,  and  leave  the  others  as  they  now  stand ; 
or  rather  revise  them  after  the  models  of  1801  and 
1813  ;  we  conceive  that  a  great  service  will  have  been 
rendered  to  the  state. 

The  laws  which  fall  under  the  first  head  are  of  the 
most  general  application.    They  prescribe  the  duties 
of  our  public  officers  of  every  grade,  and  regulate  the 
daily  proceedings  of  our  citizens.    It  is  not  to  be  ex- 
pected that  the  other  branches  of  the  written  law,  can 
ever  be  rendered  perfectly  intelligible,  to  any  but  pro- 
fessional men     But  every  public  officer,  and  we  might 
almost  say,  every  citizen  engaged  in  active  business,  is 
required  to  act  upon  these  statutes;  and  frequently  un- 
der circumstances  which  render  professional  advice 
unattainable.    They  ought  therefore  to  be  made,  if 
human  language  will  permit  it,  so  simple  and  intel- 
ligible, as  to  be  level  to  the  comprehension  of  all,  who 
are  obliged  to  consult  them.    These  considerations  do 
not  seem  to  have  been  much  attended  to  by  their  au- 
thors.   Many  of  these  statutes  have  not  only  been 
drawn  up  carelessly  aud  immethodically  ;  but  in  all  of 
them,  numerous  propositions  are  crowded  together  in 
the  same  section,  and  words  multiplied  without  motive 
or  necessity.    These  defects  we  have  endeavoured  to 
remedy.    It  has  been  our  study  in  the  chapters  we 
have  commenced,  to  adopt  the  most  simple  arrange- 
ment ;  to  confine  the  sections  to  short  propositions ; 
to  omit  unnecessary  words  ;  and  to  avoid,  as  far  as  prac- 
ticable, all  ambiguities  of  expression.    To  illustrate 


19 


the  nature  and  practicability  of  our  plan,  as  applicable 
to  this  part  of  the  work ;  we  have  appended  to  this  re- 
port chapters  V,  and  VII,  and  to  facilitate  a  compari- 
son of  their  contents,  with  the  existing  laws  relating  to 
the  same  subjects,  we  have  also  subjoined  copies  of  the 
latter.  It  will  be  seen  on  such  comparison,  that  those 
chapters  in  their  present  form,  can  hardly  be  called 
revisions  of  the  existing  laws ;  many  changes  having 
been  made,  and  many  new  provisions  introduced. — 
In  performing  that  part  of  our  duty,  which  requires 
us  to  suggest  to  the  legislature  "  such  contradictions, 
omissions  or  imperfections"  as  may  be  found  in  the  acts 
to  be  revised,  with  the  mode  in  which  they  may  be 
"  reconciled,  supplied  or  amended" ;  and  to  recom- 
mend "  the  repeal  of  such  acts  or  parts  of  acts"  as 
ought  in  our  judgment  to  be  repealed  ;  we  have  deem- 
ed it  most  expedient  to  prepare  draughts  of  the  statutes, 
as  they  will  appear,  after  such  contradictions,  omis- 
sions or  imperfections  have  been  remedied,  and  after 
the  parts  proposed  to  be  repealed,  have  been  omitted. 
It  was  supposed  that  the  propriety  of  such  alterations 
would  best  be  explained  and  understood,  by  an  actual 
exhibition  of  the  text,  as  it  would  stand,  after  the  pro- 
posed changes  had  been  made,  and  in  connexion  with 
those  provisions  of  the  present  laws,  that  were  intended 
to  be  retained.  This  course  is  the  more  readily  adopted, 
as,  generally  speaking,  the  new  parts  will  form  distinct 
sections,  any  of  which  may  be  omitted  by  the  legisla- 
ture at  their  pleasure.  The  two  chapters  now  pre- 
sented have  been  prepared  in  that  manner.  In  com- 
piling them,  we  are  sensible,  that  we  have  carried  to 
their  full  extent,  the  powers  given  us  by  the  legisla- 
ture. We  have  however,  made  no  changes  or  addi- 
tions, for  which  there  did  not  appear  sufficient  reasons 
to  our  minds.    In  addition  to  the  occasional  remarks 


20 


added  to  the  specimens,  we  would  observe,  generally, 
that  in  the  election  law,  we  have  endeavored  to  supply 
existing  defects  or  omissions,  (particularly  as  to  spe- 
cial elections) — to  furnish  additional  guards  against 
abuses — to  render  the  whole  system  more  simple  and 
consistent — and  to  secure  the  regularity,  order  and 
solemnity  of  the  proceedings  at  the  poll.  In  the  other 
chapter,  our  great  object  has  been,  to  render  the  du- 
ties of  town  ofiicers  more  plain,  and  to  give  something 
of  form  to  the  proceedings  of  town  meetings,  which  are 
too  important,  as  we  conceive,  to  be  left,  as  they  now 
are,  almost  entirely  without  regulation. 

Though  we  have  bestowed  great  pains  upon  the 
chapters  herewith  presented,  yet  we  feel  it  due  to  our- 
selves, to  offer  them  as  specimens  merely.  In  the 
course  of  our  labors  they  will  be  carefully  revised,  for 
the  purpose  of  detecting  such  omissions  or  ambiguities, 
as  yet  exist  in  them. 

We  avail  ourselves  of  the  present  occasion,  to  notice 
some  subjects  to  which  our  attention  has  been  special- 
ly called  by  the  legislature. 

By  a  resolution  of  the  Senate,  passed  in  April  last,  a 
bill  entitled  "  An  act  for  the  punishment  of  certain 
crimes  above  the  degree  of  petit  larceny,"  was  refer- 
red to  us.  The  defects  of  our  criminal  code  were  also 
adverted  to  by  his  Excellency  the  Governor,  in  his 
message  to  the  legislature  at  the  commencement  of  the 
present  session.  That  part  of  the  message  has  been 
subsequently  referred  to  us,  by  the  Senate.  The  re- 
marks of  his  Excellency  in  his  message,  as  well  as  of  the 
committee  of  the  Senate  in  their  report  on  this  subject, 
evidently  contemplate  the  formation  of  a  new  and  com- 
plete code  of  penal  law  adapted  to  the  genius  of  our 
government,  and  the  enlightened  policy  of  the  age.  We 
are  not  insensible  to  the  force  of  the  considerations  by 


21 


which  this  measure  is  recommended.  The  defects  of 
our  criminal  laws,  as  well  in  the  classification  and  defp 
nition  of  crimes ;  as  in  the  arbitrary  nature  of  the  dis- 
cretion to  which  their  punishment  is  intrusted  ;  have 
long  been  confessed  by  all,  whose  unprejudiced  reflec- 
tions have  been  directed  to  the  subject :  but  we  are 
convinced,  that  an  innovation  of  such  magnitude,  as  the 
formation  of  a  new  system  in  this  or  any  other  branch 
of  the  law,  was  not  in  the  contemplation  of  the  legisla- 
ture by  whom  we  were  appointed.  And  although  we 
would  not  shrink  from  the  labors  and  difficulties  of  the 
task,  if  sufficient  time  were  allowed  for  its  completion  ; 
we  do  not  feel  authorised  to  assume  the  responsibility 
of  its  execution,  until  the  intentions  of  the  legislature 
shall  have  been  more  distinctly  and  fully  expressed- 
On  this  subject  however,  it  is  not  now  necessary  for 
us  to  enlarge,  nor  for  the  legislature  to  decide.  It 
will  have  been  perceived,  that  by  the  arrangement 
we  have  adopted,  the  revision  of  the  penal  statutes 
is  deferred,  until  nearly  the  conclusion  of  our  work. 
Independently  of  the  consideration,  that  no  complete 
system  of  penal  law  can  be  framed,  until  those  laws 
which  relate  to  the  political  establishments  and  to  pri- 
vate rights,  are  settled ;  there  are  other  reasons  in  favor 
of  delay.  A  great  experiment  is  now  making  in  Lou- 
isiana, under  the  auspices  of  an  accomplished  jurist,  a 
native  of  this  state.  Extensive  reforms  in  the  penal 
law  are  also  meditated  in  England,  and  we  look  to  that 
country,  as  well  as  our  sister  state,  for  instruction  and 
examples. 

By  a  resolution  of  the  Assembly  passed  at  the  close 
of  the  last  session,  the  petition  of  George  Casey  and 
others,  inhabitants  of  the  county  of  Cayuga,  was  also 
referred  to  us.    The  petitioners  complain  "  that  our 


22 


present  system  of  law,  together  with  the  rules  and  re- 
gulations of  our  courts  of  record,  have  been  copied 
from  the  English  practice,"  and  pray  that  they  may  be 
abolished,  and  that  a  system,  "  formed  on  the  plain  and 
simple  principles  of  common  sense/'  less  technical  and 
expensive,  may  be  substituted  in  its  stead.  They  also 
complain  of  "  the  enormous  bills  of  costs  allowed  in  the 
higher  courts  of  this  state,"  as  a  grievance  which  ought 
to  be  redressed. 

A  petition  in  the  same  terms,  but  signed  by  other 
persons,  was  also  presented  to  the  Senate  at  the  last 
session.  It  was  referred  by  that  body  to  the  commit- 
tee on  the  judiciary,  whose  report  may  be  found  in 
the  journals  of  the  Senate  for  1825,  at  page  320. 

In  the  opinion  of  that  committee,  the  subject  matter 
of  the  petition  taken  in  connexion  with  its  prayer,  in- 
volved the  examination  of  two  questions  of  great  diffi- 
culty and  importance.  1,  Whether  the  whole  body 
of  our  laws  may  not  be  reduced  to  a  written  code  or 
text,  and  comprised  within  a  moderate  compass  ?  and 
2,  Whether  the  existing  practice  of  our  courts  of  law, 
(which  is  substantially  the  English  practice  with  some 
amendments,)  ought  not  to  be  reformed  and  simplified? 

Although  the  consideration  of  the  former  of  these 
questions  is  not  within  the  scope  of  our  labors,  which 
relate  exclusively  to  that  portion  of  our  law,  already 
reduced  to  writing,  we  have  given  to  it  a  careful  ex- 
amination. 

The  practicability  and  advantages  of  reducing  the 
common  law  of  England  to  a  written  code,  have  recent- 
ly been  maintained  in  that  country,  by  several  able 
writers.  In  this  country  also,  similar  opinions  have 
been  advanced  by  some  of  our  ablest  jurists  ;  and  we 
think  those  opinions  are  gradually  gaining  ground  in 


23 


both  countries.  On  the  other  hand,  a  majority  of  the 
legal  profession  in  each,  is  averse  to  the  scheme.  The 
arguments  on  both  sides  have  been  so  fully  exhibited, 
in  the  great  literary  journals  of  the  age,  and  in  various 
cotemporary  publications,  that  we  do  not  think  it  use- 
ful to  engage  in  the  discussion.  At  the  same  time,  in 
order  to  comply  with  the  requirements  of  the  refer- 
ence, and  to  avail  ourselves  of  such  knowledge  on  kin- 
dred topics,  as  might  facilitate  the  performance  of  our 
primary  duties,  we  have  sought  for  information  from 
those  countries,  in  which  similar  experiments  have 
been  made,  and  shall  endeavour,  on  some  future  occa- 
sion, to  lay  the  results  before  the  legislature. 

The  other  topic  comes  more  properly  within  the 
range  of  our  enquiries ;  many  parts  of  the  practice 
being  regulated  by  statutory  provisions.  We  fully 
concur  with  the  committee  of  the  senate,  in  the  opin- 
ion, "  that  very  important  reforms  may  be  made  in  the 
practical  administration  of  the  law."  It  is  not  to  be 
denied,  that  the  practice  of  our  courts  of  record,  is 
incumbered  by  many  unnecessary  forms,  and  attended 
with  many  fictions,  which  tend  to  the  accumulation  of 
costs,  and  to  the  discredit  of  the  law  and  its  practi- 
tioners. When  we  reach  the  third  general  division 
of  our  work,  we  propose  to  extend  the  statutes  already 
passed,  for  the  reformation  of  the  English  practice,  to 
such  other  cases  as  may  be  safely  embraced  within 
them ;  and  to  present  in  detail,  our  views  on  this  inter- 
esting  subject,  to  the  consideration  of  the  legislature. 

We  desire,  in  conclusion,  to  bespeak  the  patience 
of  the  legislature,  and  of  our  fellow  citizens.  We 
have  devoted,  and  we  intend  to  devote,  our  best  facul- 
ties to  the  performance  of  the  great  work,  with  which 
we  have  been  honored :  but  we  have  so  high  a  sense 
of  its  responsibility  and  importance,  that  we  dare  not 


24 


attempt  it  hastily.    If  our  progress  has  not  been  as 
rapid  as  may  have  been  anticipated  by  the  public,  we 
hope  it  will  be  seen,  to  have  been  as  rapid  as  circum- 
stances would  allow.    Whilst  on  this  subject,  candor 
requires  the  acknowledgment,  that  neither  of  us  has 
been  able  to  devote  his  whole  time  to  this  labor.  It 
is  known  to  the  legislature  that  each  of  us  is  actively 
engaged  in  professional  pursuits  ;  and  though  we  have 
made  considerable  sacrifices  for  the  purpose  of  per- 
forming the  duties  assigned  to  us ;  we  have  not  suppos- 
ed that  the  legislature  would  expect  or  desire,  that  our 
time  and  thoughts  should  be  exclusively  devoted  to 
those  duties.    Nor  can  we  believe  that  the  public  good 
would  be  advanced  by  such  a  course.    On  the  contra- 
ry, if  we  may  be  allowed  to  express  an  opinion  on  this 
point,  we  would  unhesitatingly  say,  that  in  our  judg- 
ment, it  is  of  the  utmost  importance,  that  the  work  be 
executed  with  much  deliberation,  and  that  time  should 
be  allowed  between  the  enactment  of  the  different 
parts,  for  such  public  discussion,  as  may  be  necessary 
to  form  and  to  enlighten,  that  public  opinion  by  which 
we  are  desirous  to  be  governed.    As  to  ourselves,  we 
entertain  a  decided  opinion,  that  our  continued  parti- 
cipation in  the  active  scenes  of  professional  duty,  will 
enable  us  to  bring  to  our  task  a  greater  share  of  valu- 
able knowledge,  improved  by  experience,  than  could 
ever  be  gained  from  solitary  study ;  and  that  a  charac- 
ter of  practical  utility  will  thus  be  imparted  to  our  la- 
bors, which  the  speculations  of  retired  individuals 
rarely  attain. 

All  which  is  respectfully  submitted. 

JNO.  DUER, 
B.  F.  BUTLER, 
H.  WHEATON, 
Albany,  March  14th,  1826. 


CHAPTER  V  * 


Of  Elections  other  than  for  Town  Of- 
ficers. 

TITLE  I. 

OF  THE  QUALIFICATIONS,  DISABILITIES  AND  PRIVI- 
LEGES OF  ELECTORS. 

Section  1.  The  qualifications  of  electors,  are  such  Qualifica- 
as  are  and  shall  be  prescribed  by  the  constitution  of  1  n  ' 
this  state. 

[^ew  and  declaratory.] 

§  2.  Each  elector,  at  the  time  of  offering  his  vote, 
must  be  an  actual  resident  of  the  town  in  which  his 
vote  shall  be  offered. 

[See  act  "for  regulating  elections,"  §  6,  laws  of  1822,  page  267.] 

§3.  No  person  who  ' shall  have  been  convicted,  Disabih 
within  this  state,  of  an  infamous  crime,  at  any  time ties 
previous  to  an  election,  shall  be  permitted  to  vote 
thereat ;  unless  he  shall  have  been  pardoned  by  the 
executive,  and  by  the  terms  of  such  pardon,  restored 
to  all  the  rights  of  a  citizen. 

[Act  of  1822,  §  25,  with  addition  as  to  pardon.] 

§  4.  No  civil  process  shall  be  served  on  an  elector,  Privileges, 
in  any  town,  on  any  day  during  which  an  election 
shall  be  held  in  such  town. 

[Same  act,  §  22,  slightly  varied.] 

*  It  will  be  perceived  that  the  Chapters  presented,  contain  no  enacting  clause. 
We  propose  to  commence  each  general  division  with  a  short  preamble,  and  an 
enacting  clause.    The  first  part  commences  as  follows — 

"  It  being  expedient  that  the  several  statutes  of  this  state,  relating  to  its  terri- 
tory ;  its  political  divisions  ;  its  civil  polity  ;  and  its  internal  administration  ; 
should  be  consolidated  and  arranged  in  appropriate  chapters,  titles  and  articles ; 
that  the  language  thereof  should  be  simplified  ;  and  that  omissions  and  other 
defects  should  be  supplied  and  amended  :  Therefore,  the  People  of  the 
State  of  New-York,  represented  in  Senate  and  Assembly,  do  declare  and 
enact  as  follows, — Chanter  I.  &c." 

4 


26 


TITLE  II. 

OF  GENERAL  AND  SPECIAL  ELECTIONS,  AND  THE 
TIME  AND  PURPOSES  OF  HOLDING  THEM. 


General 
elections 
denned. 


§>  1.  General  elections  are  such  as  are  held,  at  the 
same  time,  in  every  county,  for  the  election  of  all  or 
some  of  the  following  officers :  namely ;  governor,  lieu- 
tenant-governor, senators,  members  of  assembly,  sher- 
iffs, clerks,  coroners,  representatives  in  congress,  and 
electors  of  president  and  vice  president. 

[New  in  terms  but  agreeable  to  act  of  1822,  §  1.] 


Special      §  2.  Special  elections  are  such  as  are  held,  only  in 
^efine°dns    a  Particular  district  or  county,  for  the  choice  of  one 
or  more  of  the  officers  proper  to  be  chosen  at  a  general 
election. 

[New  in  terms  but  agreeable  in  part  to  the  act  of  the  24th  April,  1823,  (laws 
of  1823,  p.  418,)  §  1.] 


Elections 
when  held. 


§  3.  General  elections  shall  be  held  on  the  first 
Monday  of  November  in  every  year  :  special  elections, 
at  the  times  and  places  of  which  legal  notice  shall  have 
been  given ;  but  no  special  election  shall  be  held  with- 
in days  previous  to  a  general  election. 

[Partly  conformable  to  act  of  1822,  §  1,  and  partly  new.] 


Duration.  §  4.  General  elections  shall  be  held  and  continued 
by  adjournment,  for  three  days  in  succession :  special 
elections  shall  be  so  held  for  two  days  only. 

[Act  of  1822,  §  1,  and  partly  new.] 


Special 
;tions  1 
till  vacan- 


§  5.  Special  elections  shall  be  held  to  supply  Va- 


cations to  cancieg  -  ^  f0H0Wing  cases 


cies. 


1.  When  a  vacancy  occurs  in  the  office  of  representa- 
tive in  congress",  after  the  fifteenth  of  October  in 
any  year,  and  before  the  fifteenth  of  January  fol- 
lowing; if  the  term  of  service  of  the  representative 


£7 


in  whose  office  such  vacancy  shall  occur,  expire  on 
the  fourth  day  of  March  following  ;  and  if  not,  then 
in  the  case  of  such  vacancy  occurring  after  the  fif- 
teenth day  of  October  and  before  the  day  fol- 
lowing. 

[For  the  existing  law  see  act  of  1822.  $  18.    Some  such  discrimination  as  to 
time  is  obviously  proper.] 

2.  When  a  vacancy  occurs  in  the  office  of  any  member 
of  assembly,  which  shall  have  the  effect  to  deprive 
the  county,  to  which  such  member  shall  belong,  of 
its  entire  representation  in  the  assembly ;  and  which 
shall  occur,  after  the  last  day  of  December  in  any 
year,  and  before  the.  day  of  following. 

[Xew,  but  conceived  to  be  important.] 

3.  When  a  vacancy  occurs  in  the  office  of  sheriff  or 
clerk  of  any  county,  after  the  last  day  of  the  gene- 
ral election  in  any  year,  and  before  the  day 
of  following :  unless  at  such  general  election 
a  person  shall  have  been  chosen,  in  place  of  the  offi- 
cer, in  whose  office  such  vacancy  shall  occur. 

[Act  of  1823,  J  1.    The  limitation  is  new,  but  obviously  proper.] 

§  6.  All  vacancies  in  the  offices  of  representative  other  ya 
in  congress,  sheriff  and  clerk,  occurring  between  any  £^clgUp_ 
periods  other  than  those  above  specified,  shall  be  sup-  plied, 
plied  at  the  general  election  next  succeeding  the  hap- 
pening thereof. 

[New,  but  obviously  proper.] 

§  7.  All  vacancies  in  the  office  of  senator  shall  also 
be  regularly  supplied  at  the  succeeding  general  elec- 
tion ;  except  that  no  vacancy  shall  be  so  supplied 
where  the  term  of  service  of  the  senator,  in  whose  of- 
fice it  may  occur,  will  expire  on  the  last  day  of  De- 
cember following. 

[Act  of  1822  $  3.    The  limitation  is  new.] 

§8.  If  a  vacancy  in  the  office  of  senator,  represen-  eiecSon1f 
tative  in  congress,  sheriff  or  clerk  shall  not  have  been  vacancy 
supplied  previous  to  or  at  the  general  election  next  pi°eo\Up 


28 


succeding  the  happening  thereof,  a  special  election  to 
supply  the  same  shall  then  be  held  ;  unless  the  term  of 
service  of  the  officer,  in  whose  office  such  vacancy  may 
occur,  will  expire  on  the  the  last  of  December  next 
following  such  general  election. 

[New,  but  necessary  to  perfect  the  system.    The  limitation  accords  with  the 
foregoing  provisions.] 

case  of  tie.  §  9,  When  an  officer,  other  than  a  governor  or  lieu- 
tenant-governor, proper  to  be  chosen  at  a  general  elec- 
tion in  place  of  another,  whose  term  of  service  expires 
on  the  last  day  of  December  following,  shall  not 
have  been  chosen,  by  reason  of  two  or  more  persons 
having  received  an  equal  number  of  votes  for  the  same 
office  ;  a  special  election  shall  be  held  for  the  choice  of 
the  officer  so  omitted  to  be  chosen. 

[Provides  for  the  case  of  a  tie,  in  all  cases  except  elections  for  governor  and 
lieutenant-governor,  which  are  provided  for  in  the  constitution.] 

v  acancy  in  §  10.  When  the  right  of  office  of  a  person  elected 
°f  °f~ t0  tne  °ffiee  °f  a  senator,  representative  in  congress,  or 
member  of  the  assembly,  shall  become  vacant,  before 
the  day  of  the  commencement  of  the  term  of  service 
for  which  such  officer  shall  have  been  elected ;  a  spe- 
cial election  to  supply  such  vacancy  shall  be  held  with- 
out delay. 

[This  provides  for  a  case  not  noticed  in  the  existing  statutes,  nor  in  the  fore- 
going sections,  but  which  may  frequently  occur.] 

Omission  to  §11.  When  a  special  election  has  not  taken  place 
ekction  ^1  as  inquired  by  law,  the  vacancy,  which  ought  to  have 

been  supplied  by  such  election,  shall  be  supplied  at  the 

next  general  election. 

[New,  but  supplies  an  important  omission.] 

Special  *  §  12.  In  the  cases  provided  for  in  the  eighth  and 
how  order-  ninth  sections,  special  elections  shall  be  ordered  by 
ed.  the  board  of  canvassers,  having  the  power  to  deter- 
mine on  the  election  of  the  officer  omitted  to  be  cho- 
sen ;  in  all  other  cases,  such  elections  shall  be  ordered 
by  the  governor,  who  shall  issue  his  proclamation 
therefor. 

[Former  part,  entirely  new,  latter  clause  conformable  to  act  of  1823,  §  1.] 


29 


§  13.  Such  proclamation  shall  specify  the  county  or  proclama_ 
district  in  which  such  election  is  to  be  held  ;  the  r  ause  1  n* 
of  such  vacancy ;  the  name  of  the  officer  in  whose  office 
it  has  occurred  ;  the  time  when  his  term  of  office  w  ill 
expire ;  and  the  day  on  which  such  election  is  to  be 
held  ;  which  shall  not  be  less  than  nor  more 

than  days  from  the  date  of  the  proclamation. 

[Act  of  1823,  §1,  but  iuller.] 


TITLE  III. 

OF  THE  MODE  OF  NOTIFYING  GENERAL  AND  SPE- 
CIAL ELECTIONS. 

ARTICLE  FIRST. 

Of  the  notice  to  be  given  by  the  Secretary  of  State. 
§>  1.  The  secretary  of  state  shall  once  in  every  two  Notice  of 
years,  between  the  first  day  of  July  and  the  first  day  f^uon!  * 
of  September,  immediately  preceding  the  expiration 
of  the  term  of  office  of  the  governor  and  lieutenant  go- 
vernor last  chosen  ;  direct  and  cause  to  be  delivered, 
to  the  sheriff,  clerk,  or  first  judge  of  each  county,  a  no- 
tice in  w  riting,  that  at  .the  next  general  election,  a  go- 
vernor and  lieutenant-governor  are  to  be  elected. 

[Act  of  1822,  \  3,  altered  so  as  to  dispense  with  the  agency  of  the  clerk  of  the 
senate,  the  secretary  being  deemed  the  fittest  officer  to  give  the  requisite  notice.] 

§  2.  He  shall  also,  between  the  first  days  of  July  of  senate- 
and  September  in  each  year,  direct  and  cause  to  be  l!on.elec 
delivered  to  the  sheriff,  clerk,  or  first  judge  of  each 
county,  a  notice  in  writing,  specifying  the  names  of  the 
senators  for  the  district  to  which  such  county  shall  be- 
long, whose  seats  will  become  vacant  on  the  last  day 
of  December  thereafter. 

[Same  remark  applies  as  to  §1.] 

i 

§  3.  If  any  vacancy  shall  exist  in  a  county,  proper  incase  of 
to  be  supplied  at  the  ensuing  general  election,  he  shall  vacancy- 
in  like  manner,  between  the  first  day  of  July  and  the 
fifteenth  of  October  previous  to  such  election,  direct 


30 


and  cause  to  be  delivered  to  the  sheriff,  clerk,  or  first 
judge  of  such  county  ;  a  notice  in  writing,  specifying 
the  cause  of  such  vacancy ;  the  name  of  the  officer  in 
whose  office  it  has  occurred  ;  and  the  time  when  his 
term  of  office  will  expire :  and  if  any  such  vacancy 
shall  exist  in  a  district,  he  shall  in  like  manner  direct, 
and  cause  to  be  delivered  to  the  sheriff,  clerk  or  first 
judge  of  each  county  therein,  the  like  notice. 

[Act  of  1823  §  1, altered  so  as  to  make  it  the  duty  of  the  Secretary  of  State  in- 
stead of  the  governor.] 

Copy  of  §  4.  When  a  special  election  shall  have  been  order- 
ti^whei  e(i  by  the  governor,  in  a  county,  the  secretary  of  state 
given.  shall  forthwith  cause  a  copy  of  the  governor's  procla- 
mation, to  be  delivered  to  the  sheriff,  clerk,  or  first 
judge  of  such  county  ;  and  wheu  ordered  in  a  district, 
to  the  sheriff,  clerk,  or  first  judge  of  each  county  there- 
in. 

[New.    See  ante  tit.  2.    §  12,  13.] 


district 

canvassers 


Meeting  of  §  5.  When  a  meeting  of  aboard  of  district  canvass- 
ers shall  be  necessary,  after  a  general  or  special  elec- 
tion in  a  congress  district,  the  secretary  of  state,  in  the 
usual  notice  to  be  given  by  him  prior  to  such  election, 
if  the  same  be  general ;  or  in  a  notice  to  be  delivered 
with  a  copy  of  the  proclamation*,  if  it  be  special ;  shall 
designate  the  county  in  which  such  meeting  shall  be 
held. 

[New.    See  as  to  district  canvassers  post  tit.  5.  Art.  3.] 


Pubiica-       §  6.  The  secretary  of  state  shall  cause  a  copy  of  each 
statepaper.  notice  issued  by  him,  and  of  each  proclamation  of  the 
governor,  to  be  published  in  the  state  paper,  once  in 
each  week,  from  the  date  of  such  notice  or  proclama- 
tion, until  the  election  to  which  it  shall  refer. 

[New,  but  perhaps  proper.] 


ARTICLE  SECOND. 

Of  the  notice  to  be  given  by  the  board  of  County,  Dis 
trict,  or  State  Canvassers. 
wh^and      §  1-  When  a  special  election  shall  be  necessary,  in 
hew  given,  the  cases  provided  for  in  the  eighth  and  ninth  sections. 


31 


of  the  second  title  of  this  chapter;  the  board  of  can- 
vassers having  power  to  determine  on  the  election  of 
the  officer  omitted  to  be  chosen,  shall  without  delay, 
direct  and  cause  to  be  delivered,  to  the  sheriff,  clerk, 
or  first  judge  of  each  county  in  the  district,  or  of  the 
county  in  which  such  election  is  to  be  held,  a  notice 
specifying  the  officer  to  be  chosen  ;  the  time  for  which 
he  is  to  be  chosen  ;  and  the  day  on  which  such  elec- 
tion is  to  be  held ;  which  day  shall  not  be  less  than 
nor  more  than  days  from  the  date  of 

such  notice. 

[New,  see  Tit.  2.  $  12,  and  Tit.  5.  Art.  3.] 

§  2.  The  notice  of  such  an  election,  if  ordered  by  .By,whom 

*  signed. 

the  board  of  state  canvassers,  shall  be  signed  by  the 
secretary  of  state ;  and  by  the  chairman  and  clerk  of 
the  board  ordering  the  same,  if  ordered  by  the  board 
of  district  or  county  canvassers. 

[New.] 

§  3.  No  notice  of  an  election  shall  in  any  case  be  To  wtom 
directed  to  the  clerk  of  a  county,  unless  the  office  of  irec  e 
sheriff  of  such  county  shall  then  be  vacant ;  nor  to  the 
first  judge,  unless  the  offices  of  sheriff  and  clerk  shall 
both  be  vacant. 

[Act  of  1323,  $  1,  varied  in  form.] 

ARTICLE  THIRD. 

Of  the  notice  to  be  given  by  the  Sheriff,  Clerk  or  first 
Judge,  and  by  the  Inspectors. 

§  1.  The  sheriff,  clerk,  or  first  judge,  of  each  Dutym 
county,  who  shall  receive  a  notice  of  an  election,  shall shenff' &c 
without  delay,  give  notice  in  writing  of  such  election 
to  one  of  the  inspectors  of  elections  in  each  town  of  his 
county. 

[Act  of  1822,  $  3,  Act  of  1823,  $  L] 

§2.  He  shall  also  cause  a  copy  of  such  notice,  to  be 
published  in  one  or  more  of  the  public  newspapers, 
printed  in  his  county,  once  in  each  week,  from  the 
date  of  such  notice,  until  the  election. 

[New.] 


32 


Duty  of  the    §  3.  The  inspector  receiving  the  notice  shall,  with- 
ieSng   out  delay,  giye  notice  thereof  in  writing,  to  the  other 
notice.     inspectors  of  his  town  ;  and  in  such  notice  shall  fix  a 
time  and  place,  for  the  meeting  of  the  board  of  inspec- 
tors of  such  town. 

[Act  of  1822,  §  4,  with  a  slight  addition.] 

Duty  of  the  ^  4  The  inspectors  of  each  town,  or  a  majority  of 
inspectors.  meet  at  ^e  ^me  an(j  p]ace  so  appointed, 

or  if  such  meeting  shall  not  take  place,  at  such  other 
time  and  place,  as  the  inspector  calling  the  meeting 
shall  afterwards  fix  ;  and  shall  by  writing  under  their 
hands,  give  at  least  eight  days  notice  to  the  electors  of 
the  town,  of  the  time  and  place  at  which  such  election 
is  to  be  held  therein. 

[Act  of  1822,  $  4.] 

§  5.  Such  notice  shall  specify  the  officers  to  be  cho- 
sen, and  the  hour  of  opening,  adjourning  and  closing 
the  poll  of  the  election  on  each  day  thereof. 

[Act  of  1822,  §  4,  with  addition.] 

§>  6.  The  inspectors  shall  cause  a  copy  of  such  notice 
to  be  posted  in  a  conspicuous  manner  in  at  least  five  of 
the  most  public  places  of  their  town. 

[Act  of  1822,  §  4,  slightly  varied.] 


TITLE  IV. 

OF  THE  MANNER  OF  CONDUCTING  ELECTIONS. 

ARTICLE  FIRST. 

Of  the  formation  of  the  Board  of  Inspectors,  and  the 
appointment  of  Cle?*ks. 

Board  to  §  1.  The  inspectors  of  each  town,  shall  meet  at  the 
!  formed.  ^me  an(j  pjace^  on  whicn  an  election  shall  have  been 

appointed  to  be  held  therein,  and  shall  proceed  to  or- 
ganize themselves  as  a  board  for  the  purpose  of  presid- 
ing at  and  conducting  such  election. 

[Act  of  1822,  $  4,  slightly  altered.] 


33 


§>  2.  The  supervisor  in  right  of  his  office,  or  in  case  chairman, 
of  his  absence,  such  one  of  their  number  as  the  inspec- 
tors shall  appoint,  shall  be  chairman  of  the  board. 

[New.] 

§  3.  The  chairman  of  the  board  shall  administer  to  Oaths, 
the  other  inspectors  the  proper  oath ;  and  the  same 
oath  shall  then  be  administered  to  the  chairman  by  one 
of  the  other  inspectors. 

[Act  of  1822, 5  4.    The  form  of  the  oath  is  given  in  the  chapter  concerning 

'  OFFICERS.''] 

§  4.  The  inspectors,  or  a  majority  of  them,  having  cierk*. 
severally  taken  such  oath,  the  board  shall  then  appoint 
three  clerks ;  one  of  them  to  be  called  clerk  of  the 
election,  and  the  others,  clerks  of  the  poll. 

[Act  of  1822,  §  4,  with  a  new  arrangement  as  to  clerks.] 

§  5.  The  clerks  shall  each  take  the  proper  oathofoath 
office,  which  shall  be  administered  to  them  by  the  chair- 
man of  the  board. 

[Act  of  1822  \  4.  The  form  of  the  oath  is  given  in  the  chapter  concerning  offi- 
cers, and  like  that  of  the  inspector  is  special,  both  having  been  copied  from  the 
act  of  1822.  The  requiring  of  this  oath,  seems  however  to  be  inconsistent  with 
the  6th  article  of  the  amended  constitution,  which  prescribes  an  oath  of  office, 
and  prohibits  the  requiring  of  any  "  other  oath,  declaration  or  test"  as  a  qualifi- 
cation for  "  any  office  or  public  trust. "J 

§  6.  The  inspectors  shall  then  appoint  one  or  more  Constables, 
of  the  constables  attending,  to  remain  in  attendance  du- 
ring the  election. 

[New.  In  chapter  VII,  we  have  made  provision  for  the  attendance  of  con- 
stables to  enable  the  inspectors  to  preserve  order.  See  post  chapter  VII.  tit.  V. 
art.  4.] 

§  7.  The  poll  of  the  election  shall  then  be  opened,  Poiihow 
and  proclamation  thereof  made  ;  and  proclamation  shall  °Pened>&c 
also  be  made  of  each  adjournment,  and  of  the  opening 
and  closing  of  the  poll  on  each  day  of  the  election. 

[Act  of  1822,  §  4.] 

§  8.  The  poll  shall  be  kept  open  in  the  day-time  when  to  be 
only,  between  the  rising  and  setting  of  the  sun  ;  and  kept  open, 
shall  not  be  opened  before  nor  kept  open  after  the 
hour,  of  which  the  inspectors  shall  have  given  notice. 

[Act  of  1822,  §  4,  with  additional  prohibitioa.1 

5 


34 


2djourn-f      *  9'  At  each  °PeninS  of  the  Po11  in  tne  forenoon. 

ment.  the  inspectors  shall  give  notice,  at  what  hour  on  that 
day,  the  poll  will  be  adjourned  :  and  at  each  opening 
after  an  adjournment,  at  what  hour  the  same  will  be 
closed  for  that  day. 

[Act  of  1822  w  ith  some  additions.] 

ARTICLE  SECOND. 

Of  the  manner  of  voting  and  of  challenges. 

To  vote  by  §  1 .  The  electors  shall  vote  by  ballot,  and  each  per- 
baUot'      son  offering  to  vote  shall  deliver  his  ballot,  so  folded  as 

to  conceal  the  contents,  to  one  of  the  inspectors  in  the 

presence  of  the  board. 

[Act  of  1822  J  1  and  7.] 

its  form.  §>  2.  The  ballot  shall  be  a  paper  ticket,  which  shall 
contain,  written  or  printed,  or  partly  written  and  part- 
ly printed,  the  names  of  the  persons  for  whom  the 
elector  intends  to  vote  ;  and  shall  designate  the  office, 
to  which  each  person,  so  named,  is  intended  by  him 
to  be  chosen. 

[Act  of  1822$  7.] 


§>  3.  On  the  outer  side  of  each  ballot  shall  be  written 
ment.  "   or  printed  one  of  the  following  words  :  H  State," 
"  Congress,"  or  "  County." 

[New.] 


Contents. 


§  4.  The  ballot  endorsed  "  State,"  shall  contain 
the  names  of  the  persons  designated  by  the  elector,  for 
the  offices  of  governor,  lieutenant-governor  and  sena- 
tor, any  or  either  of  them  ;  that  endorsed  "  Congress," 
the  names  of  the  persons  designated  for  the  office  of 
representative  in  congress  and  elector  of  president  and 
vice  president,  any  or  either  of  them  ;  and  the  ballot 
endorsed  "  County,"  the  names  of  the  persons  desig- 
nated for  the  offices  of  member  of  assembly  and  the 
county  officers  to  be  chosen  at  such  election,  any  or  ei- 
ther of  them. 

[Act  of  1822  $7  slightly  altered'.] 


35 


§  5.  If  at  a  general  election,  any  person  named  in 
either  of  the  ballots,  shall  be  intended  to  supply  a  va- 
cancy in  the  office  for  which  he  is  designated,  the  name 
of  the  last  incumbent  of  such  office  preceded  by  the 
words,  "  in  place  of,"  shall  be  annexed  to  the  name  of 
the  person  so  intended  to  be  chosen. 

[New.] 

§>  6.  If  any  person  offering  to  vote  shall  be  challen-  challenge 
ged  as  unqualified,  by  an  inspector,  or  by  any  other  ^dunquah 
person  entitled  to  vote  at  the  same  poll,  the  board  of 
inspectors  shcill  declare  to  the  person  so  challenged, 
the  qualifications  of  an  elector ;  and  the  person  so 
challenged,  shall  then  publicly  state,  how  and  in  what 
manner  he  is  qualified  as  an  elector. 

[New.] 

§  7.  If  he  shall  appear  from  his  own  statement  not  to 
be  qualified,  his  vote  shall  be  rejected,  and  shall  not  be 
afterwards  received  at  the  same  election  and  poll. 

[New.] 

§  8.  If  he  shall  state  himself  to  be  duly  qualified, 
and  the  challenge  shall  not  be  withdrawn,  one  of  the 
inspectors  shall  then  tender  to  him  an  oath  which  shall 
embrace  all  the  qualifications,  which  he  shall  have  sta- 
ted himself  to  possess. 

[New  in  terms,  but  conformable  to  act  of  1822  §  8.] 

§  9.  If  he  shall  refuse  to  take  the  oath  so  tendered, 
his  vote  shall  be  rejected,  and  shall  not  be  afterwards 
received  at  the  same  election  and  poll  ;  if  he  shall  take 
the  oath  the  challenge  shall  end,  and  his  vote  shall  be 
received. 

[Act  of  1822  §  8,  and  partly  new.] 

§  10.  If  a  person  be  challenged  as  convicted  of  an  challenge 
infamous  crime,  he  shall  not  be  required  to  answer  any  ajSctacon~ 
questions  in  relation  to  such  alleged  conviction  ;  nor 
shall  any  proof  of  such  conviction  be  received,  other 
than  a  duly  authenticated  record  thereof. 

[The  act  of  1822  §  25,  provides,  that  no  person  who  has  been  convicted  of  an 
infamous  crime  shall  be  permitted  to  vote,  but  it  does  not  point  out  any  mode  in 


36 


-  a  challenge  for  that  cause  shall  be  determined.  Parol  evidence  of  the 
fact  of  conviction  ought  not  to  be  received  ;  nor  ought  the  oath  of  the  person 
challenged  to  be  demanded.  We  have  therefore  in  the  above  section  required 
the  production  of  the  record  ;  though  it  is  worthy  of  consideration,  whether  such 
a  regulation  would  not  make  the  exclusion,  as  to  all  practical  purposes,  a  nul- 
lity. Perhaps  a  list  of  the  convicts  might  be  annually  furnished  to  the  town 
clerks,  and  be  made  evidence  in  cases  of  this  sort.] 

ARTICLE  THIRD. 

Of  the  duties  of  the  Clerks  of  the  Poll. 

Poll  lists.  §1  .  At  a  general  election,  each  clerk  of  the  poll  shall 
prepare  and  keep  two  poll  lists,  one  to  be  entitled  the 
"  State  poll  list,"  and  the  other  the  "  County  poll 
list."  If  representatives  in  congress,  or  electors  of 
president  and  vice-president  are  to  be  chosen,  a  third 
poll  list  shall  be  kept,  to  be  entitled  the  "  Congress 
poll  list." 

[Act  of  1822.  §  6  directs  three  poll  lists  as  above.  The  act  of  1825  pre- 
scribing the  time  and  manner  of  appointing  electors  of  president  and  vice-presi- 
dent §  1,  directs  an  additional  poll  list.] 

§  2.  On  the  state  poll  list,  shall  be  entered  the 
names  of  the  persons  voting  for  governor,  lieutenant- 
governor  and  senators,  or  either  of  them  ;  on  the  con- 
gress poll  list,  the  names  of  the  persons  voting  for  rep- 
resentatives in  congress  and  electors  of  president  and 
vice-president,  or  either  of  them  ;  and  on  the  county 
poll  list,  the  names  of  the  persons  voting  for  members 
of  assembly  and  county  officers,  or  any  of  them. 

[Act  of  1822  5  6.] 

§  3.  At  a  special  election,  so  many  only  of  the  above 
poll  lists  shall  be  kept  by  each  clerk,  as  shall  be  requi- 
site, for  entering  thereon,  the  names  of  the  persons  vo- 
ting for  the  officers  directed  to  be  chosen  at  such  elec- 
tion. 

[New.] 

Elector's       §  4.  The  name  of  elector  voting,  shall  be  entered 
"ntTrVd0  be      eacn  c^erk  on  the  proper  poll  list,  as  soon  as  the  bal- 
en  ere  '    lot  or  ballots  of  such  person,  shall  have  been  finally 
received  by  the  inspector. 

[Act  of  1822  $7.] 


37 


§  5.  At  each  adjournment  of  the  poll,  the  clerks  ^ompVr- 
shall  in  the  presence  of  the  inspectors,  carefully  com-  ed. 
pare  the  poll  lists  kept  by  them  respectively,  and  cor- 
rect all  mistakes  therein,  according  to  the  judgment 
of  the  board,  until  they  shall  be  made  in  all  respects 
to  correspond. 

[Act  of  1822,  §  7.) 

ARTICLE  FOURTH. 

Of  the  duties  of  the  Board  of  Inspectors. 

§  1 .  The  board  of  inspectors  shall  provide  and  keep  Ballot  box- 
at  each  election,  so  many  boxes  for  receiving  the  bal- es* 
lots  of  the  electors,  as  there  are  poll  lists  to  be  kept 
at  such  election. 

[Act  of  1822,  §  7.] 

§  2.  The  boxes  shall  correspond  in  title  with  the 
poll  lists,  and  shall  be  severally  called  the  "  State 
Box,"  the  "  Congress  Box,"  and  the  "  County  Box." 

[Act  of  1822,  §  7.] 

§  3.  Each  box  shall  be  provided  with  a  sufficient 
lock,  and  shall  be  locked  before  the  opening  of  the 
poll,  and  the  keys  thereof  delivered  to  one  of  the  in- 
spectors to  be  appointed  by  the  board ;  and  shall  not 
be  opened  during  the  election,  except  in  the  manner 
and  for  the  purposes  hereinafter  mentioned. 

[Act  of  1822,  $  7.] 

§  4.  An  opening  shall  be  made  in  the  lid  of  each 
box,  not  larger  than  shall  be  sufficient  for  a  single  clos- 
ed ballot  to  be  inserted  therein  at  one  time,  through 
which  each  ballot  received,  proper  to  be  placed  in  such 
box,  shall  be  inserted. 

[Act  of  1822,  §  7.] 

§  5.  When  the  board  shall  have  finally  received  the  Ballots  t# 
ballot  of  an  elector,  one  of  the  inspectors  without  open-  b  Placed 
ing  the  same,  or  permitting  it  to  be  opened  or  exam-  ierem' 
ined,  shall  deposit  it  in  the  box  corresponding  in  title 
with  the  indorsement  of  the  ballot. 

[Act  of  1822,  \  7.] 


38 


and  poii       §  6.  At  each  adjournment  of  the  poll  each  box  shall 
paled!00111" be  opened,  and  the  corresponding  poll  lists  as  coin- 
pared  and  corrected,  be  placed  therein. 

[Act  of  1822,  $  7.] 

Box  to  be     §>  7.  Each  box  shall  then  again  be  locked,  and  the 
locked.     sea]  0f  one  or  m0re  of  the  inspectors  so  placed  thereon, 
as  to  cover  entirely  the  opening  in  the  lid. 

[Act  of  1822,  \  7.]  ' 

Keys  and     §  8.  The  keys  shall  then  be  delivered  to  one  of  the 
k°pte,S&c°.U  inspectors,  and  the  boxes  to  another  to  be  designated 
by  the  board. 

[Act  of  1822,  j  7,  and  partly  new.] 

§  9.  The  inspector  having  the  keys  shall  keep  the 
same  in  his  own  possession,  and  deliver  them  again  to 
the  board  at  the  next  opening  of  the  poll. 

[Act  of  1822,  $  7.] 

§  10.  The  inspector  having  the  boxes,  shall  care- 
fully keep  them  without  opening,  or  suffering  them  to 
be  opened,  or  the  seals  thereof  to  be  broken  or  re- 
moved, and  shall  publicly  deliver  them,  in  that  state, 
to  the  board  of  inspectors  at  the  next  opening  of  the 
poll. 

[Act  of  1822,  $  7.] 

$  11.  At  that  time  the  seals  shall  be  broken,  the 
boxes  opened,  the  poll  lists  taken  out,  and  the  boxes 
again  locked ;  and  the  same  course  shall  be  observed 
until  the  poll  of  the  election  shall  be  finally  closed. 

[Act  of  1822,5  7-] 

inspector     §  12.  It  shall  be  the  duty  of  each  inspector  to  chal- 
len  e^     lenge  every  person  offering  to  vote,  whom  he  shall 
know  or  suspect  not  to  be  duly  qualified  as  an  elector. 

[Act  of  1822,  $  8.] 

inspectors     §13.  The  board  of  inspectors  shall  possess  full  au- 
;°dereSene  thority  to  maintain  regularity  and  order,  and  enforce 
obedience  to  their  lawful  commands,  during  an  elec- 


39 


tion,  and  during  the  canvass  and  estimate  of  the  votes, 
after  the  closing  of  the  poll. 

[New  in  form,  but  agreeable  to  act  of  1822,  §  12.] 

§14.  If  any  person  shall  refuse  to  obey  their  law-  ^itmay 
ful  commands,  or  by  disorderly  conduct  in  their  pre- 
sence or  hearing,  interrupt  or  disturb  their  proceed- 
ings, they  shall  by  an  order  in  writing  commit  the  per- 
son so  offending,  to  the  common  jail  of  the  county,  for 
a  period  not  exceeding  thirty  days. 

[Act  of  1822,  §  12.  That  act  makes  no  piovibion  for  the  attendance  of  offi- 
cers, and  the  power  to  maintain  order,  &c.  is  therefore  frequently  incapable  oi 
being  exercised.  We  have  made  provision  for  the  attendance  of  constables. 
See  ante  Tit.  3.  Art.  3,  $  7,  and  post  Chap.  VII.  Tit.  5.  Art.  4. 

ARTICLE  FIFTH. 

Of  the  canvass  and  estimate  of  the  votes  by  the  Board 
of  Inspectors. 

§  1.  As  soon  as  the  poll  of  an  election  shall  have  Proceed- 
finally  closed,  the  board  shall  determine,  whether  they  ^Seofpor 
shall  then  proceed  to  canvass  the  votes,  or  adjourn 
the  canvass  to  some  convenient  hour  of  the  next  day. 

§  2.  If  the  canvass  shall  be  so  adjourned,  the  same 
course  shall  be  observed  in  relation  to  the  poll  lists, 
boxes  and  keys  as  is  required  to  be  observed  at  each 
adjournment  of  the  poll. 


§  3.  The  canvass  shall  be  public,  and  when  com-  Proceed 
menced  shall  continue  without  interruption  or  adjourn- ings  prepa^ 

.  •  i  i,i  1  J  ratory  te 

ment,  until  completed.  canvass 


§  4.  The  canvass  shall  commence  by  a  comparison 
of  the  poll  lists,  from  the  commencement,  and  a  cor- 
rection of  any  mistakes  that  may  be  found  therein, 
until  they  shall  be  found  or  made  to  agree. 

§  5.  Each  box  being  opened,  the  ballots  contained 
therein,  shall  be  taken  out  and  counted  unopened,  ex- 
cept so  far  as  to  ascertain  that  each  ballot  is  single. 
And  if  two  or  more  ballots  shall  be  found  so  folded 


40 


together,  as  to  present  the  appearance  of  a  single  bal- 
lot, they  shall  be  destroyed. 

§  6.  If  the  ballots  shall  be  found  to  exceed  in  num- 
ber, the  names  on  the  correspondent  poll  lists,  they 
shall  be  replaced  in  the  box,  and  one  of  the  inspectors 
shall  publicly  draw  out  and  destroy,  so  many  ballots 
unopened,  as  shall  be  equal  to  such  excess. 

Canvass.  §  7.  The  ballots  and  names  on  the  poll  lists  agree- 
ing, or  being  made  to  agree  in  number,  the  board  shall 
then  proceed  to  canvass  and  estimate  the  votes. 

Statement  §  8.  The  canvass  being  completed,  a  statement  of 
the  result  shall  be  drawn  up  in  writing  by  the  inspec- 
tors, which  they  shall  certify  to  be  correct,  and  sub- 
scribe with  their  proper  names. 

§  9.  Such  statement  shall  contain  in  words,  written 
at  full  length,  the  whole  number  of  votes  given  for 
each  office  at  such  election  ;  the  names  of  the  persons 
for  w  hom  such  votes  for  such  office  were  given  ;  and 
the  number  of  votes  so  given  to  each  respectively. 

§  10.  The  board  of  inspectors  shall  deliver  the  state- 
ment, so  certified  and  subscribed,  to  one  of  the  inspec- 
tors to  be  appointed  by  the  board. 

$11.  The  poll  lists  and  ballots  shall  then  be  destroy- 
ed ;  and  the  record  of  the  election  read.  The  mis- 
takes found  in  the  record  being  corrected,  it  shall  be 
certified  as  correct  by  the  inspectors,  subscribed  with 
their  proper  names,  and  delivered  by  them  to  the  clerk 
of  the  election,  and  the  board  of  inspectors  shall  then 
be  dissolved. 

[The  whole  of  this  article  is  in  conformity  with  the  act  of  1822  §  9,  though 
the  language  has  been  slightly  varied,  and  some  omissions  supplied.^ 


Closing 
proceed- 
ings. 


41 


ARTICLE  SIXTH. 

Of  the  Clerk  of  the  Election  and  his  duties. 

§  If  The  clerk  of  the  election  shall  keep  a  faithful  To  keep  a 
record  of  the  proceedings  at  the  election,  from  the  record- 
opening  of  the  poll  to  the  completion  of  the  canvass. 

§  2.  On  such  record  shall  be  entered  contents  ot 

1.  The  names  of  the  inspectors  attending  such  elec- record- 
tion. 

2.  The  organization  of  the  board,  and  the  names  of 
the  chairman  and  clerks. 

3.  The  hour  of  opening,  adjourning  and  closing  the 
poll,  on  each  day  of  the  election. 

4.  The  day  and  hour  of  commencing  and  closing  the 
canvass. 

5.  The  name  of  each  person  challenged,  and  of  the 
inspector  or  elector  making  the  challenge  ;  the  grounds 
of  the  challenge  ;  and  if  the  vote  of  the  challenged  per- 
son be  rejected,  the  grounds  of  the  rejection. 

6.  Mistakes  discovered  in  a  comparison  of  the  poll- 
lists,  and  the  manner  in  which  the  same  shall  be  cor- 
rected. 

7.  The  names  of  the  inspectors,  to  whom  tire  boxes 
and  keys  shall  be  respectively  delivered,  at  each  ad- 
journment. 

8.  The  excess  in  the  number  of  ballots  found  in  any 
one  box  and  destroyed  for  that  cause,  and  the  name  of 
the  box  in  which  such  ballots  were  found. 

9.  The  number  of  ballots  folded  together,  and  des- 
troyed for  that  reason,  and  the  name  of  the  box  from 
which  they  were  taken. 

10.  A  statement  of  all  the  questions  which  arose  dur- 
ing the  canvass,  and  of  the  manner  in  which  they  were 
decided. 

11.  A  copy  of  the  result  of  the  canvass,  and  the 
name  of  the  inspector  to  whom  the  original  statement 
was  delivered,  and  such  other  facts  or  proceedings  as 
the  board  of  inspectors  may  direct  to  be  recorded, 

6 


42 


Record        ^  3.  The  clerk  of  the  election  shall  deliver  the  re- 
sedof\ISP° "cord,  as  corrected,  certified  and  subscribed,  to  the 
town  clerk,  within  two  days  after  the  completion  of  the 
canvass  ;  and  the  clerk  receiving  the  record,  shall  care- 
fully file  and  preserve  the  same. 

[This  article  is  entirely  new.  It  is  frequently  important  to  obtain  authentic 
evidence  of  the  proceedings  at  elections.  The  appointment  of  a  clerk  to  record 
them,  will  effect  that  end  ;  whilst  it  will  furnish  an  additional  guard  against 
fraud,  misconduct  and  perjury.  Several  incidents  occurred  at  the  last  general 
election,  calculated  to  show  the  utility  of  such  a  record  ;  and  as  we  have  pre- 
pared a  suitable  form,  which  may  be  easily  followed  by  a  clerk  of  ordinary  abili- 
ties, we  think  there  caabe  no  objection  to  the  measure.] 

TITLE  V. 

OF  THE  FINAL  CANVASS,  AND  THE  MODE  OF  DE- 
CLARING AND  CERTIFYING  THE  RESULT. 

ARTICLE  FIRST. 

Of  the  Board  of  County  Canvassers,  and  their  pro^ 
ceedings. 

Board  how     §  1 .  The  inspectors  in  each  county,  to  whom  the 
composed.  orjginai  statements  of  the  canvass  of  votes  in  the  towns 
to  which  they  respectively  belong,  shall  have  been  de- 
livered, together  with  the  clerk  of  the  county,  shall 
form  the  county  board  of  canvassers. 

when  to  §  2.  They  shall  meet  at  the  office  of  such  clerk,  on 
meett&c.    t]ie  Tuesday  next  following  the  election,  before 

o'clock  in  the  noon  of  that  day,  and  shall  choose 

one  of  their  number  as  chairman. 

§  3.  The  clerk  of  the  county  shall  be  secretary  of  the 
board. 

§>  4.  The  chairman  shall  then  administer  the  proper 
oath,  to  each  member  of  the  board,  and  the  same  oath 
shall  be  administered  to  him  by  the  secretary. 

§  5.  The  major  part  of  the  inspectors  shall  be  a  suf- 
ficient number  to  constitute  a  board. 


43 


§  6.  The  original  statements  of  the  canvass  in  each  Proceed 
town,  shall  then  be  produced,  and  from  them  the  board  ™=*x°( the 
shall  proceed  to  estimate  the  votes  of  the  county,  and 
shall  make  such  statements  thereof,  as  the  nature  of  the 
election  shall  require. 

§  7.  They  shall  make  a  separate  statement,  contain-  statements 
ing  the  whole  number  of  votes  given  in  such  county,  ° 
for  the  office  of  governor,  lieutenant-governor  and 
senator,  any  or  either  of  them ;  the  names  of  the 
persons  to  whom  such  votes  were  given  :  and  the  num- 
ber of  votes  given  to  each  ;  another  similar  statement 
of  the  votes  for  the  office  of  representative  in  congress, 
or  elector  of  president  and  vice  president ;  and  ano- 
ther of  the  votes  for  member  of  assembly  and  county 
officers,  any  or  either  of  them. 

§  8.  In  such  statements,  the  whole  number  of  votes 
given,  the  names  of  the  candidates,  and  the  number 
fo  votes  given  to  each,  shall  be  written  out  in  words 
at  full  length. 

§  9.  Each  statement  shall  be  certified  as  correct, 
and  attested  by  the  signatures  of  the  chairman  and 
secretary  of  the  board;  and  a  copy  of  each  thus  certi- 
fied and  attested,  shall  be  delivered  to  the  county 
clerk,  to  be  recorded  in  his  office. 

§  10.  Upon  the  statement  of  votes  given  for  mem-  Board  to 
bers  of  assembly  and  countv  officers,  the  board  shall  J;elermine 

j  .       j   /  .  *  7  .  the  persons 

proceed  to  determine,  what  person  or  persons  have  elected, 
by  the  greatest  number  of  votes,  been  duly  elected  to 
each  of  the  offices,  mentioned  in  such  statement. 

§  11.  If  the  county,  in  which  such  election  shall 
have  been  held,  shall  be  of  itself  a  congress  district, 
the  board  shall  also  determine,  upon  the  statement  of 
votes  given  for  representative  in  congress,  and  elec- 
tors of  president  and  vice-president,  what  person  or 
persons,  by  the  greatest  number  of  votes,  have  been 
duly  elected  to  each  of  the  offices  mentioned  in  such 
statement. 


44 


certificate     §  12.  A  certificate  of  such  determination,  shall  be 
nltton  ml  annexed  to  the  statement  upon  which  it  shall  be  made, 
attested  by  the  signatures  of  the  chairman  and  secre- 
tary of  the  board,  and  delivered  to  the  county  clerk  to 
be  recorded  in  his  office. 


U011 


pubiica-  §  13.  The  board  shall  cause  a  copy  of  such  deter- 
mination, and  of  the  statement  upon  which  it  shall  be 
made,  to  be  published  in  one  or  more  of  the  news-pa- 
pers printed  in  the  county. 

DeLegates  §  14.  If  votes  shall  have  been  received  at  such 
boar?1  Ct  Action*  for  the  office  of  representative  in  congress 
and  elector  of  president  and  vice-president,  or  either 
of  them,  and  the  county  shall  not  be  of  itself  a  con- 
gress district,  the  board  shall  appoint  two  of  their  num- 
ber to  attend  the  board  of  district  canvassers. 

§  15.  To  each  person  so  appointed,  shall  be  deliv- 
ered, a  copy,  duly  certified  and  attested,  of  the  state- 
ment of  the  votes  given  for  both  or  either  of  the  above 
officers. 

Duty  of  fn-  §  16.  If  any  one  of  the  inspectors  shall  be  unable 
unable  to  to  attend  the  meeting  of  the  board,  on  the  day  appoint- 
ed for  such  meeting,  he  shall  on  or  before  that  day, 
cause  to  be  delivered  at  the  office  of  the  county  clerk, 
the  orieinal  statement  of  the  votes  of  his  town. 


attend. 


rncnty&c 


A?j°urn*  §  17.  If  on  that  day  a  majority  of  the  inspectors 
shall  not  attend,  or  the  statements  of  the  votes  from 
every  town  in  the  county,  shall  not  be  produced,  the 
inspectors  then  present  shall  adjourn  to  some  conven- 
ient hour  of  the  next  day. 

§  18.  At  that  hour  they  shall,  again  meet,  and  the 
inspectors  then  attending,  although  less  than  a  majori- 
ty of  the  whole,  shall  organize  themselves  as  a  board, 
and  upon  the  statements,  or  certified  copies  thereof, 
then  produced,  shall  proceed  to  estimate,  state  and 


45 


certify  the  votes  of  the  county,  in  the  manner  before 
directed. 

[The  provisions  of  this  article,  except  §  14  and  15,  which  are  new,  have  been 
extracted  from  the  act  of  1822,  }  10,  with  a  few  additions.] 

ARTICLE  SECOND. 
Of  the  duties  and  proceedings  of  the  County  Clerk, 

§  1.  The  county  clerk  shall  deliver  to  the  board  of  To  furnish 
county  canvassers,  all  the  certified  statements,  or  re-  ^  board  of 
cords,  or  certified  copies  of  the  votes  taken  in  each  canvassers, 
town,  at  the  next  preceding  election,  that  shall  have 
been  received  at  his  office. 

[New.] 

§  2.  If  on  the  day  appointed  for  the  meeting  of  the    To  send 
board  of  county  canvassers,  the  board  shall  not  have  sPecial  me? 
been  organized,  owing  to  a  deficient  return  of  the  votes  Jerfahi  " 
of  the  county ;  the  county  clerk  shall,  by  a  special  mes- cases- 
senger,  or  otherwise,  obtain  the  necessary  statements 
or  certified  copies,  in  time  to  be  produced  to  the  board 
at  their  next  meeting. 

[New.] 

§  3.  The  county  clerk  shall  record  in  his  office,  all  To  record 
the  .  statements  and  certificates,  that  shall  have  been  statements* 
delivered  to  him,  by  the  county  board  of  canvassers,  °' 
and  shall  keep  a  proper  book  for  that  purpose. 

[Act  of  1822,  $  10.] 

§•  4.  Of  the  statement  and  certificate  of  the  votes  To  prepare 
for  the  office  of  governor,  lieutenant-governor,  sena-  copies, 
tor,  or  either  of  them,  he  shall  prepare  three  certi- 
fied copies  under  his  signature,  and  sealed  with  the 
seal  of  his  office. 

[Act  of  1822,  J  11.] 

$  5.  Of  these  copies,  he  shall  send  by  mail  one  to  the  To  traus- 
governor,  one  to  the  comptroller,  and  one  to  the  sec-  ^ copies* 
retary  of  state,  before  the  third  Monday  of  November 
in  each  year,  after  a  general  election,  and  within 
days  after  a  special  election. 

[Act  of  1822  §11,  with  addition  as  to  special  election.] 


46 


§  6.  If  the  county  shall  not  be  of  itself  a  congress 
district,  he  shall  prepare  a  similar  certified  copy,  of 
the  statement  of  the  votes  given  for  the  office  of  repre- 
sentative in  congress,  and  elector  of  president  and 
vice-president,  or  either  of  them. 

[New.] 

§  7.  If  the  meeting  of  the  district  board  of  canvass- 
ers, is  to  be  held  in  another  county  of  the  same  district, 
he  shall  transmit  such  copy  by  mail,  or  otherwise,  to 
the  clerk  of  the  county  in  which  such  meeting  is  to  be 
held  ;  if  otherwise,  he  shall  deliver  it,  if  required,  to 
the  district  board  of  canvassers  when  met  together, 
with  all  similar  certified  copies  received  at  his  office. 

[New.] 

§  8.  Of  each  certificate  of  the  determination  of  the 
board  of  county  canvassers,  he  shall  prepare  as  many 
similar  certified  copies,  as  there  are  persons  mentioned 
to  be  elected  in  such  certificates,  and  shall,  without  de- 
lay, deliver  one  of  such  copies  to  each  person  so  elected. 

[Act  of  1822  $  10.] 

ARTICLE  THIRD. 

Of  the  Board  of  District  Ca?ivassers. 

How  com-  §  1.  Where  two  or  more  counties  shall  form  a  con- 
posed,  gress  district,  the  inspectors  appointed  for  that  pur- 
pose, by  the  board  of  county  canvassers  in  each  county, 
shall  form  the  board  of  district  canvassers. 

[See  ante  Tit.  5.  Art.  1.  §  14  and  15.] 

§  2.  They  shall  meet  on  the  Tuesday,  following 
the  day  on  which  they  shall  have  been  appointed,  at 
the  clerk's  office  of  the  county  in  wiiich  their  meeting 
shall  have  been  fixed  by  the  secretary  of  state. 

[See  ante  Tit.  5,  Art.  1.  §  5.] 

Mode  of       §  3.  The  inspectors  attending  on  that  day,  shall  or- 
proceeding.  ganise  themselves  into  a  board,  and  shall  choose  a  chair- 
man and  secretary  from  their  own  body. 


When  to 
meet. 


47 


§  4.  The  chairman  shall  administer  the  proper  oatk 
to  each  of  the  members,  and  the  same  oath  shall  be  ad- 
ministered to  him  by  the  secretary  of  the  board. 

§  5.  Upon  the  statements  of  the  votes  of  each  county, 
for  the  representative  in  congress  or  elector  of  presi- 
dent and  vice-president,  being  then  produced,  they 
shall  proceed  in  like  manner  as  the  county  board  of 
canvassers,  to  estimate,  state  and  certify  the  votes  of 
the  district;  and  to  determine  and  certify,  what  per- 
son or  persons  have  been  elected  to  either  of  the  above 
offices,  for  that  district. 

§  6.  They  shall  make  separate  statements  of  the  votes,  statement* 
for  the  office  of  representative  in  congress  and  elector  bemadV° 
of  president  and  vice-president. 

§  7.  They  shall  transmit  a  certified  copy  of  each  Copies  to 
statement,  and  of  their  determination  thereon,  by  mail,  ^it\^jL 
to  the  secretary  of  state,  and  file  another  copy  in  the™1 
clerk's  office  of  the  county  in  which  their  meeting  shall 
be  held. 

§  8.  A  certified  copy  of  each  statement,  and  of  the 
determination  of  the  board  thereon,  shall  be  printed  in 
one  or  more  of  the  newspapers  printed  in  each  county 
of  the  district. 


§  9.  The  board  shall  prepare  as  many  certified  cop- 
ies of  each  certificate  of  determination,  as  there  shall 
be  persons  stated  therein  to  have  been  elected. 

§  10.  They  shall  cause  each  copy  to  be  attested  by 
the  signature,  and  sealed  with  the  seal  of  the  clerk  of 
the  county,  in  which  their  meeting  shall  be  held  ;  and 
shall,  without  delay,  cause  to  be  delivered  to  each  per 
son  elected,  a  copy  so  attested  and  sealed,  of  the  cer- 
tificate in  which  his  name  is  mentioned. 

[The  idea  of  the  board  of  district  canvassers  was  suggested  by  §  3  of  the  act 
''prescribing  the  time  and  manner  of  appointing  electors  of  president  and  vice- 
president,"  (laws  of  1825,  p.  53.)    By  the  act  of  1822,  the  state  officers  are  re- 


48 


quired  to  decidp  on  the  election  of  representatives  in  congress ;  whilst  by  the  act 
of  1825,  the  result  of  elections  for  presidential  electors  is  to  be  determined  by 
the  county  clerks,  as  county  or  district  canvassers.  Thinking  it  desirable  to 
p.eserve  uniformity  in  the  system,  and  useful  in  other  respects,  we  have  extend- 
ed the  principle  of  the  act  of  1825,  though  the  form  is  somewhat  varied,  to  elec- 
tions for  both  officers.] 

ARTICLE  FOURTH. 

Or  the  duties  of  the  Secretary  of  State  previous  to  the 
meeting  of  the  State  Canvassers. 

To  record  §  1 .  It  shall  be  the  duty  of  the  secretary  of  state  to 
of^esuTts!  record  in  his  office,  in  a  book  to  be  kept  by  him  fcr 
that  purpose,  each  certified  statement  of  the  result  of 
an  election,  received  by  him,  from  a  county  clerk ;  and 
to  obtain  from  the  governor  and  comptroller,  every 
such  certified  statement  received  by  either  of  them, 
and  to  record  one  of  those,  so  obtained,  for  each  coun- 
ty, from  which  no  similar  statement  shall  have  been 
received  by  himself. 

[Act  of  1822,$  11.] 

when  to     §  2.  If  from  any  county  from  which  such  statement 
tiafmTssen  sna^  be  due,  none  shall  have  been  received  or  obtain- 
«er.        ed  by  him,  on  or  before  the  last  day  of  November  next 
after  a  general  election,  and  within  days  after 

a  special  election,  he  shall  despatch  a  special  messen- 
ger to  obtain  such  statement  from  the  clerk  of  such 
county. 

[Act  of  1822,  §  11.] 

To  appoint    §  3.  He  shall  appoint  a  meeting  of  the  state  can- 
state  can^  vassers  to  he  held  at  his  office,  or  that  of  the  treasurer 
assers.     or  comptroller,  on  or  before  the  fifteenth  of  December 
after  each  general  election,  and  within  days 
after  a  special  election  ordered  by  them. 

[Act  of  1822,  $  13.] 

§  4.  If  a  majority  of  those  officers  shall  be  unable  or 
shall  fail  to  attend,  on  the  day  appointed,  he  shall  give 
notice  to  two  of  the  justices  of  the  supreme  court,  that 
their  attendance  is  required. 

[The  act  of  1822, )  14.  directs  the  governor  to  give  notice,! 


49 


ARTICLE  FIFTH. 

Of  the  formation  and  proceedings  of  the  Board  of 
State  Canvassers. 

§  1 .  The  secretary  of  state,  comptroller,  surveyor-  Board  how 
general,  attorney-general,  and  treasurer,  shall  be  the  composed 
state  canvassers  ;  three  of  whom  shall  be  a  sufficient 
number  to  form  a  board. 

§  2.  If  a  majority  of  those  officers  shall  be  unable, 
or  shall  fail  to  attend,  such  two  justices  of  the  supreme 
court  as  shall  be  notified  by  the  secretary  of  state, 
shall  attend  without  delay,  and  with  the  officers  at- 
tending, shall  form  the  board. 

§  3.  Each  member  attending  shall  take  and  subscribe  0ath 
an  oath  that  he  will  faithfully  discharge  the  duties  of 
the  office  of  state  canvasser,  according  to  the  best  of 
his  ability. 

§  4.  Such  oath  shall  be  taken  before  the  chancellor, 
or  one  of  the  justices  of  the  supreme  court,  or  the  re- 
corder of  the  city  of  Albany,  or  a  master  in  chancery, 
and  shall  be  filed,  by  the  officer  before  whom  the  same 
shall  be  taken,  in  the  office  of  the  secretary  of  state, 
and  there  recorded. 

§  5.  The  board  when  thus  formed,  shall  upon  the  Mode  of 
certified  statements  of  elections,  recorded  in  the  office  ProceedlD? 
of  the  secretary,  or  received  by  him,  proceed  to  make 
a  statement  of  the  whole  number  of  votes  given  at  such 
election,  for  the  office  of  governor,  lieutenant-govern- 
or, or  senator,  or  either  of  them,  in  the  whole  state, 
distinguishing  the  several  districts  and  counties  in 
which  they  were  given  ;  the  names  of  the  persons,  to 
whom  such  votes  shall  have  been  given  for  either  of 
the  said  offices ;  and  the  whole  number  of  votes  given 
to  each,  distinguishing  the  several  districts  and  coun- 
ties in  which  they  were  given.  They  shall  certify 
such  statement  to  be  correct,  and  subscribe  the  same 
with  their  proper  names. 

7 


50 


§  6.  Upon  such  statement,  they  shall  then  proceed 
to  determine  and  declare,  what  persons  have  been,  by 
the  greatest  number  of  votes,  duly  elected  to  such  offi- 
ces, or  either  of  them. 

§  7.  They  shall  make  and  subscribe  a  certificate  of 
such  determination,  and  deliver  the  same,  together 
with  the  statement  so  certified  by  them,  to  the  secre- 
tary of  state. 

Dissents     §  8.  If  any  one  of  the  canvassers  shall  dissent  from 
tTsts.pr°    a  decision  of  the  beard,  he  shall  state  at  large,  in  wri- 
ting, the  reasons  of  such  dissent. 

§  9.  If  any  of  the  acts  or  proceedings  of  the  board 
shall  appear  to  any  one  of  the  canvassers  to  be  illegal 
or  irregular,  such  canvasser  shall  protest  against  the 
same  in  writing,  setting  forth  distinctly  the  grounds  of 
his  protest. 

$  10.  The  canvasser  so  dissenting  or  protesting, 
shall  deliver  his  dissent  or  protest,  signed  with  his 
proper  name,  to  the  secretary  of  state. 

Board  may  §11.  The  board  shall  have  power  to  adjourn  from 
adjourn.  ^       ^  a  term  not  exceeding  days. 

[The  four  last  ;  are  new.    The  other  provisions  of  this  article  are  conforma- 
ble to  the  act  of  1822,  j  13  and  U.] 

ARTICLE  SIXTH. 

Or  the  subsequent  duties  of  the  Secretary  of  State. 
To  record  /  j  jje  sjlajj  recor(i 'm  his  office,  in  a  book  to  be 
5cc.  kept  by  him  for  that  purpose,  each  certified  statement 
and  determination,  which  shall  be  delivered  to  him  by 
the  board  of  state  canvassers ;  and  every  dissent  or 
protest,  that  shall  have  been  delivered  to  him  by  a 
canvasser. 

To  deliver  §  2.  He  shall  without  delay  deliver  a  copy,  under 
certificate?.  tne  seai  0f  hjs  0ffree^  0f  sucn  certified  determination, 


51 


to  each  person  thereby  declared  to  be  elected,  and 
a  like  copy  to  the  governor. 

§  3.  He  shall  cause  a  copy  of  such  certified  state-  ^"hdtopub" 
ment  and  determination,  to  be  printed  in  the  state 
paper,  and  in  one  or  more  of  the  public  newspapers 
in  each  senate  district,  for  which  a  senator  shall  have 
been  chosen. 

[For  the  provisions  of  this  article  see  act  of  1822,  $  13.] 

ARTICLE  SEVENTH. 

Of  the  duties  of  the  Secretary  of  State,  in  certifying 
and  publishing  the  election  of  Members  of  Congress, 
and  Electors  of  President  and  Vice-President. 

§>  L  Within  days  after  each  general  elec-  To  PreParft 

j  «/  o  statement. 

tion,  at  which  representatives  to  congress  shall  have 
been  chosen,  throughout  the  state,  he  shall,  from  the 
statements  transmitted  to  his  office  by  the  respective 
county  clerks,  prepare  a  general  statement,  specify- 
ing the  number  of  votes  for  that  office  in  each  district 
and  county;  the  names  of  the  persons  for  whom 
given ;  the  number  of  votes  given  to  each ;  and  the 
names  of  the  persons  chosen  in  each  district. 

§  2.  If  from  any  county  from  which  it  shall  be  due,  sPecial 

3.  i    n  l  'ill*  messenger, 

such  statement  shall  not  be  received  by  him,  on  or 
before  ,  it  shall  be  his  duty  to  procure 

the  same,  by  a  special  messenger,  from  the  clerk  of 
such  county. 

§  3.  He  shall  certify  such  general  statement  to  be  To  mak* 
correct ;  annex  thereto  a  list  of  all  the  persons  cho-  ^rdti^1tict 
sen  as  representatives  at  such  election;  and  cause 
the  same  to  be  published  in  the  state  paper,  and  in 
one  or  more  of  the  public  newspapers  printed  in  the 
city  of  New- York. 

§  4.  He  shall  prepare  a  general  certificate  under  T°  tr*ns* 
the  seal  of  this  state,  and  attested  by  him  as  secreta-  ^"oii. 
ry  thereof,  addressed  to  the  house  of  representatives  °£^sen~ 


52 


of  the  United  States,  in  that  congress  for  which  any 
persons  shall  have  been  chosen,  of  the  due  election 
of  the  persons  so  chosen  at  the  last  general  election 
as  representatives  of  this  state  in  congress ;  and  shall 
transmit  the  same  to  the  said  house  of  representa- 
tives, at  their  first  meeting. 

§  5.  If  either  of  the  persons  so  chosen  at  such  gen- 
eral election  shall  have  been  elected  to  supply  a  va- 
cancy in  the  office  of  representative  in  congress,  it 
shall  be  mentioned  by  the  secretary,  in  the  statements 
and  certificates  to  be  prepared  by  him. 

§  6.  After  each  special  election  to  supply  a  vacan- 
cy in  the  office  of  representative  in  congress,  the  sec- 
retary shall  publish  the  like  statement,  and  transmit 
the  like  certificate  of  the  due  election  of  the  person 
chosen. 

[The  foregoing  six  §  have  been  compiled  from  g  11,  13,  and  18,  of  the  act 
of  1822,  with  such  alterations  as  were  necessary  to  conform  them  to  the  gene- 
ral plan  of  this  chapter.] 

His  duty  as  §7.  At  the  regular  meeting  of  the  electors  of 
tiaid'ec-11* president  and  vice-president  of  the  United  States, 
tors.  he  shall  prepare  three  lists  of  the  persons  chosen 
or  appointed  electors;  procure  to  the  same  the 
signature  of  the  governor;  affix  thereto  the  seal  of 
the  state ;  and  deliver  them,  thus  signed  and  seal- 
ed, to  the  president  of  the  college  of  electors. 

[See  laws  of  the  United  States,  vol.  2,  p.  22,  act  of  March  1st,  1792J 
iia^tii 

""W^IP1" 

TITLE  VI. 

OF  THE  FORMS  NECESSARY  TO  CARRY  INTO  EFFECT 
THE  PROVISIONS  OF  THIS  CHAPTER. 

[We  have  prepared  precedents  of  all  the  forms  which  will  be  required  to  car- 
ry this  chapter  into  effect,  but  as  they  would  unnecessarily  increase  the  length 
of  this  specimen,  we  have  thought  it  expedient  to  omit  them.] 


NOTE. 


In  compiling  the  preceding  chapter,  we  have 
endeavoured  to  render  the  system  as  perfect  as  pos- 
sible, and  have  therefore  proposed  many  new  pro- 
visions. We  can  scarcely  expect  that  all  our  sug- 
gestions should  be  adopted.  We  submit  them  to 
the  unprejudiced  judgment  of  our  fellow  citizens, 
with  the  remark,  that  an  election  ought  to  be  regard 
ed  as  a  serious  matter,  both  by  those  who  conduct 
it,  and  those  who  are  to  vote ;  and  considered  in 
reference  to  their  end,  and  the  effect  they  may  have 
in  preventing  disorder  and  other  abuses,  regulations 
may  be  important,  which,  separately  viewed,  would 
seem  trivial  or  unnecessary. 

It  will  probably  be  observed,  that  the  foregoing 
chapter  contains  no  reference  to  cities.  The  omis- 
sion is  intentional;  and  will  be  supplied  by  adding 
the  necessary  provisions  to  this  or  some  other  chap- 
ter, or  perhaps  by  introducing  them  into  the  acts 
concerning  the  several  cities.  The  penalties  con- 
tained in  the  existing  election  laws  are  also  omitted. 
Fines  and  forfeitures  of  every  description,  whether 
to  be  enforced  by  civil  or  criminal  prosecutions,  are 
penal  in  their  nature ;  and  will  therefore  find  their 
proper  place  in  the  IV  general  division  of  the  laws 
to  be  revised,  pursuing  the  arrangement  stated  in 
the  report.  To  prevent  an  implied  repeal  or  sus- 
pension of  these  and  similar  provisions,  it  is  our  in- 
tention, when  we  shall  submit  for  enactment  the  first 
part  of  the  wrork,  to  propose  a  general  law  embracing 
all  the  penalties,  &x.  which  shall  be  found  in  the 
lawrs  included  in  that  branch  of  the  revision,  and 
which  it  may  be  deemed  advisable  to  retain.  This 
law  if  adopted,  will  afterwards  appear  as  distinct 
chapter  of  the  penal  statutes. 

The  same  remarks  as  to  cities,  and  penalties,  are 
applicable  to  Chapter  VII. 


I 


CHAPTER  VII 


Of  the  Powers,  Duties,  and  Privileges 
of  Towns. 

TITLE  I. 

OF  THE  POWERS  AND  RIGHTS  OF  TOWNS  AS  BODIES 
POLITIC,  AND  THE  MODE  OF  EXERCISING  THEM. 

§  1.  Each  town  in  this  state  is  a  body  politic,  and  Powers, 
as  such  has  capacity 

To  sue  and  be  sued,  in  the  manner  prescribed  in 
the  laws  of  this  state  : 

To  purchase  and  hold  lands  within  its  own  limits, 
and  for  the  use  of  its  inhabitants ;  subject  to  the 
power  of  the  legislature  over  such  limits : 

To  make  such  contracts,  and  to  purchase  and 
hold  such  personal  property,  as  may  be  necessary  to 
the  exercise  of  its  corporate  or  administrative  pow- 
ers : 

And  to  make  such  orders  for  the  disposition,  regu- 
tion,  or  use  of  its  corporate  property,  as  may  be 
deemed  conducive  to  the  interest  of  its  inhabitants. 

§  2.  No  town  shall  possess  or  exercise  any  corpo-  Restric- 
rate  powers,  except  such  as  are  enumerated  in  this tl0ns* 
chapter ;  or  shall  be  specially  given  by  law ;  or  shall 
be  necessary  to  the  exercise  of  the  powers  so  enu- 
merated or  given. 

§  3.  All  acts  and  proceedings  by  or  against  a  town,  in  what 
in  its  corporate  capacity,  shall  be  in  the  name  of  such  nametoac 
town :  but  every  conveyance  of  lands  within  the  li- 
mits of  such  town,  made  in  any  manner,  for  the  use 
or  benefit  of  its  inhabitants,  shall  have  the  same  ef- 
fect as  if  made  to  the  town  by  name. 


56 

§  4.  The  powers  of  a  town,  as  a  body  politic,  can 
only  be  exercised  in  town  meeting,  or  in  pursuance 
of  a  resolution  there  adopted. 

[The  first  §  of  this  title  has  been  extracted  from  the  decision  of  the  Court  of 
Chancery  of  this  state,  in  the  case  of  The  town  of  North  Hempstead  v  the  town 
of  Hempstead.  (Hopkins'  Rep.  288.)  See  also  the  case  of  Denton  and  others 
v.  Jackson  and  others.  (2  Johns.  Ch.  Rep.  320.)-§  2  contains  a  proper  limita- 
tion of  the  powers  given  in  the  preceding  section. — §  3  was  suggested  by  the 
cases  of  Jacksonv.  Carey,  (8  Johns.  Rep.  285,)  and  Jackson  y.Hartwell  (ib.  422.) 
in  which  cases  certain  principles  were  established  in  regard  to  counties,  that 
would  probably  be  extended  to  towns  under  the  like  circumstances.  In  the  case 
of  The  town  of  North  Hempstead  v.  the  town  of  Hempstead,  it  was  also  decided, 
that  by  the  division  of  a  town  a  partition  is  effected  of  the  common  lands  ;  and 
that  each  town  becomes  entitled  to  such  part  of  those  lands  as  may  fall  within 
its  limits.  This  principle  will  be  introduced  in  an  article  concerning  the  divi- 
sion of  towns,  which  forms  a  part  of  chapter  I. 

We  have  introduced  the  principles  established  by  the  cases  referred  to,  for  the 
purpose  of  remedying,  by  positive  enactment,  defects  which  have  been  found  to 
exist  in  the  statutes  concerning  towns  ;  but  which  have  hitherto  been  supplied 
by  judicial  legislation.  If  the  principles  established  by  the  courts  are  deemed 
just,  we  think  it  will  be  useful  to  incorporate  them,  in  express  terms,  in  the  sta- 
tutes themselves.  This  will  supply  the  omission  discovered,  prevent  the  possi- 
bility of  conflicting  decision,  and  make  the  whole  system  depend  on  the  enact- 
ments of  the  legislature.  If,  on  the  other  hand,  the  doctrines  established  by  the 
courts,  though  legal  in  their  deduction  be  injurious  in  practice,  there  is  the 
greater  reason  for  inviting  to  them  the  attention  of  the  legislature}  that  the 
omission  may  be  otherwise  supplied.] 


TITLE  II. 

OF  TOWN  MEETINGS,  AND  THE  TIME,  PURPOSES, 
AND  MANNER  OF  HOLDING  THE  SAME. 

ARTICLE  I. 

Of  Jlnnual  and  Special  Town  Meetings. 

General  §  1.  The  municipal  concerns  of  towns  are  admin- 
provision   isterec[  by  town  meetings  and  town  officers. 

[New  and  declaratory.] 

Townmee-  §  2.  The  citizens  of  the  several  towns  in  this  state, 
ungs  where  qUaiifiec[  by  the  constitution  to  vote  for  elective  offi- 
cers, shall  annually  assemble  and  hold  town  meetings 
in  their  respective  towns,  at  such  place  in  each  town 
as  the  electors  thereof  at  their  annual  town  meeting, 
shall  from  to  time  appoint. 

[Act  of  1313  relative  to  the  duties  &c.  of  towns,  $  1  and  5,  (2  R.  L.  125.) 
Laws  of  1823,  p.  207,  $  5  brought  together. ! 


5? 

§  3.  Annual  town  meetings  shall  be  held  as  fol-  when  heir 
lows : 

In  the  several  towns  of  the  counties  of 
on  the  in  each  year,  &c. 

And  in  all  the  other  towns  in  this  state  on  the  first 
Tuesday  in  April  in  each  year. 

[The  existing  statutory  provisions  in  relation  to  the  time  of  holding  town 
meetings,  are  singularly  various  and  complicated.  By  the  act  of  March  27th 
1801  (1  K.  &  R.  325,)  §  1,  it  was  provided  that  town  meetings  should  be  held 
on  the  first  Tuesday  in  April, "  except  in  the  several  towns  in  the  county  of  De- 
laware, the  towns  of  Kingston  and  Lumberland  in  the  county  of  Ulster,  the 
several  towns  in  the  western  district,  and  the  town  of  Thurman  in  the  county  of 
Washington,"  in  which  townsthey  were  to  be  held  on  the  Jirst  Tuesday  of  March. 
Between  1801  and  1813,  several  acts  were  passed  fixing  oi  altering  the  times 
of  holding  town  meetings  in  different  towns.  In  the  revised  act  of  1813,  §  1 
(2  R.  L.  125,)  the  first  Tuesday  in  April  is  retained  as  the  general  day  for  hold- 
ing town  meetings  throughout  the  state  ;  but  in  §  32  (p.  136,)  it  is  provided  that 
where  town  meetings  had  been  authorised  to  be  held  in  any  towns,  by  any  prior 
laws,  on  any  other  day,  they  should  continue  to  be  so  held.  To  ascertain  the. 
days  upon  which  those  meetings  are  to  be  held,  we  have  therefore  been  obliged 
to  examine  the  statutes  from  1801  to  this  time.  We  find  that  about  one  hun- 
dred and  twenty  acts  have  been  passed  on  this  subject,  during  that  period  ;  thai 
town  meetings  have  been  directed  to  be  held,  in  particular  towns  on  the  second 
Tuesday  in  February — the  last  Tuesday  in  February — the  Monday  preced- 
ing the  first  Tuesday  in  March — The  first  Monday  in  March — the  first  Tues- 
day in  March — the  second  Tuesday  in  March — the  first  Tuesday  in  April — the 
fourth  Tuesday  in  April — the  first  Monday  in  May — and  the  second  Tuesday 
in  May  ;  and,  that  in  some  cases,  it  is  difficult  to  determine  from  the  statutes, 
on  what  day  those  meetings  should  be  held.  We  shall  arrange  the  provisions  of 
the  existing  statutes,  and  insert  them  in  this  section  ;  though  perhaps  it  may  be 
practicable  to  make  the  time  of  holding  these  meetings  uniform  throughout  the 
state.] 

§  4.  There  shall  be  chosen  at  the  annual  town.  ofl?ceiSt 

j  .  .  De  chosen. 

meetings  in  each  town,  one  supervisor;  one  town 
clerk ;  not  less  than  three  nor  more  than  five  asses- 
sors ;  one  or  more  collectors ;  two  overseers  of  the 
poor;  three  commissioners  of  highways  ;  three  com- 
missioners and  three  inspectors  of  common  schools; 
one  town  sealer  of  weights  and  measures  ;  as  main 
overseers  of  highways  as  there  are  road  districts  in 
the  town ;  and  so  many  constables,  fence  viewers, 
and  pound  masters  as  the  electors  may  determine. 

[Act  relative  to  the  duties  &c.  of  towns,  (2  R.  L.  125,)  $  1.  Act  for  the  sup- 
port of  common  schools,  (laws  of  1819,  p.  190.)  §  9.  Act  concerning  weights 
and  measures,  (1  R.  L.  376,)  §  2.] 


§  5.  Special  town  meetings  may  be  held  whenev-  Special 
ever  any  officer,  chosen  or  appointed  as  hereinafter  t0 
provided,  shall  refuse  to  serve ;  or  shall  die ;  or  re- 

8 


58 


move  out  of  the  town ;  or  become  incapable  of  serv- 
ing, before  the  next  annual  town  meeting. 

[Act  relative  to  the  duties  &c.  of  towns,  2  R.  L.  126,  §  1.] 

§  6.  Special  town  meetings  shall  also  be  held, 
whenever  the  same  shall  be  required  by  application 
in  writing,  addressed  to  the  town  clerk,  and  signed 
by  twelve  or  more  freeholders. 

[Same  act,  $  16.] 

Notices  §  7.  ISTo  previous  notice  need  be  given  of  the  an- 
quked/  nual  town  meetings;  but  the  town  clerk  shall,  at 
least  eight  days  before  the  holding  of  any  special 
.  town  meeting,  cause  notices  thereof,  under  his  hand, 
to  be  posted  at  four  or  more  of  the  most  public 
places  in  the  town ;  which  notices  shall  specify  the 
time,  place  and  purposes  of  such  meeting. 

[Same  act,  6  T6.] 

Powers  of      §  8.  The  electors  of  each  town  shall  have  power, 
t_  at  their  annual  town  meetings,  or  at  any  special  town 


ing. 


meeting  which  may  be  called  for  the  purpose, 


2R.L.125.     To  determine  what  number  of  constables,  fence 
viewers,  and  pound  masters,  shall  be  chosen  in  such 
town  for  the  then  ensuing  year : 
ib-         To  elect  such  town  officers  as  may  be  required  to 
be  chosen: 

2R.L.280.     To  direct  such  sum  to  be  raised  in  such  town  for 
$  31  *       the  improvement  of  the  roads  and  bridges  therein, 
for  the  then  ensuing  year,  as  may  be  necessary  in 
addition  to  the  labor  to  be  assessed ;  not  exceeding 
two  hundred  and  fifty  dollars  in  any  one  year : 
1R.L.2S7.     To  direct  such  sum  to  be  raised  in  such  town  for 
§  23-       the  support  of  the  poor  for  the  then  ensuing  year, 
as  they  may  deem  necessary  :* 
Laws  of     To  direct  such  sum  to  be  raised  in  such  town,  for 
J^fj?;    the  support  of  common  schools  for  the  then  ensuing 
year,  as  they  may  deem  necessary;  not  exceeding 

*  The  act  of  the  27th  Xovember,  1824,  (laws  of  1824,  page  382,)  establishing 
county  poor-houses  in  certain  counties,  and  the  acts  subsequently  passed,  wili 
render  it  necessary  to  revise  the  whole  system,  and  to  discriminate  between 
those  counties  in  which  county  poor-houses  are  established,  and  those  which 
have  been  excepted. 


59 


j  he  amount  required  by  law  to  be  raised  for  that  pur- 
pose  in  such  town : 

To  direct  the  institution  or  defence  of  suits  at  law   Laws  of 
or  in  equity,  in  all  controversies  between  such  town 
and  any  other  town,  in  relation  to  the  town  commons, 
or  other  common  property,  or  in  relation  to  the  par- 
tition thereof: 

To  direct  such  sum  to  be  raised  in  such  town  for2R.L.i32. 
prosecuting  or  defending  its  common  rights,  as  they  ^ lo' 
may  deem  necessary : 

To  make  such  provisions  and  allow  such  rewards  ?r.l.  135. 
for  the  destruction  of  the  noxious  weed,  called  the 5  24" 
Canada  thistle,  as  they  may  deem  necessary,  and  to 
raise  money  therefor: 

To  direct  the  town  clerk  of  such  town,  to  procure  2r.l.  130, 
and  deposit  in  his  office,  a  standard  brass  yard,  duly  $  29' 
sealed  and  compared : 

To  establish  and  maintain  pounds  at  such  places  ?^L-131- 
within  such  town  as  may  be  convenient: 

To  establish  the  compensation  of  the  fence  view-  ?^Lj^ 
ers  and  collectors  of  such  town;  but  the  compen-  Sns^p. 
sation  of  such  collectors  shall  in  no  case  be  more  400- 
than  five  nor  less  than  three  per  cent : 

To  establish  the  compensation  of  the  commission-   Laws  of 
ers  and  inspectors  of  common  schools,  of  such  town  ;  p' 
but  such  compensation  shall  not  exceed  the  sum  of 
seventy-five  cents  per  day,  for  each  days  service : 

To  make,  from  time  to  time,  such  prudential  rules  2R.L.131. 
and  regulations  as  they  may  think  proper,  for  the  0/i823*p.s 
better  improving  of  all  lands  owned  by  such  town  207,5  5. 
in  its  corporate  capacity,  whether  commons  or  oth- 
erwise; for  maintaining  and  amending  partition  or 
other  fences  around  the  same  or  any  part  there- 
of ;  for  protecting  such  lands  from  any  trespass ; 
and  for  directing  the  time  and  manner  of  using  the 
same: 

To  make  the  like  rules  and  regulations,  for  ascer-2R.L.i3i. 
taining  the  sufficiency  of  all  fences  ■in  such  town;^12, 
for  determining  the  times,  places  and  manner,  in 
which  cattle,  horses,  sheep,  or  swine,  shall  or  shall 


60 


not  be  permitted  to  go  at  large ;  and  for  impound- 

ing  such  animals : 
2R.L.131.    To  impose  such  penalties  on  persons  offending 
lf%%3™. agamst  any  ru^e  or  regulation  established  by  such 
207, §  5.   town,  as  they  may  think  proper ;  not  exceeding 

twelve  dollars  and  fifty  cents  for  each  offence  : 
2R.L.131.    And  to  apply  such  penalties,  when  recovered,  in 
$  V2'       such  manner  as  they  may  think  most  conducive  to 

the  interests  of  such  town. 

[This  section  includes  all  the  general  powers  of  town  meetings,  selected  from 
the  various  statutes  referred  to  in  the  margin.] 

orders  of     §  9.  Every  order  or  direction,  and  all  rules  and 
injhj'force  regulations,  made  by  any  town  meeting,  shall  remain 
tin  revoked  in  force  until  the  same  shall  be  altered  or  repealed 
at  some  subsequent  town  meeting; 

[Act  of  1813,  2  R.  L,  131,  §  12.] 

Process  not     §  10.  No  civil  process  shall  be  served  on  an  elec- 
ta, be  serv-  tor?  m  any  town  in  this  state,  on  any  day  during 
which  a  town  meeting  shall  be  held  in  such  town. 

[New.] 

ARTICLE  II. 

Of  the  mode  of  conducting  Town  Meetings. 

Justices  to     §  1.  It  shall  be  the  duty  of  the  justices  of  the  peace 
presi  e.    o£  eacn  ^own>  to  attend  every  town  meeting  held 
therein ;  and  such  of  them  as  shall  be  present  shall 
preside  at  such  meeting,  and  shall  see  that  the  same 
is  orderly  and  regularly  conducted. 

[Act  of  1813,2  R.  L.  132,  \  16.] 

Power  to     §  2.  The  officers  so  presiding  shall  have  the  like 
order"™    autft01>ity  to  preserve  order,  to  enforce  obedience, 
and  to  commit  for  disorderly  conduct,  as  is  possessed 
by  the  board  of  inspectors  at  a  general  election. 

J  r  [New.] 

if  justice  cj  3.  If  there  be  no  justice  of  the  peace  residing 
townbcTerk  m  tne  town,  at  the  time  of  the  meeting,  or  none  shall 
to  preside,  attend  such  meeting ;  the  town  clerk  last  before  elec- 


61 


ted  or  appointed,  shall  preside,  and  shall  possess  the 
like  powers  as  the  justices. 

[2  R.  L.  132,  §  16.] 

§  4.  If  there  be  neither  justice  of  the  peace,  nor  ^"j^8 
town  clerk,  present  at  such  meeting,  then  such  per-  cierk  ab- 
son  as  shall  be  chosen  for  that  purpose  by  the  elec- sent* 
tors  present,  shall  preside,  and  shall  possess  the  like 
powers  as  before. 

[Same  act,  §  16.] 

§  5.  The  town  clerk  last  before  elected  or  appoint-  cierkofthe 
ed,  shall  be  the  clerk  of  the  town  meeting,  and  shall meeting* 
keep  a  faithful  account  of  its  proceedings,  in  which 
he  shall  enter  at  length,  every  order  or  direction  and 
all  rules  and  regulations,  made  by  such  meeting. 

[New.  Some  memorandum  is  usually  kept  of  the  votes  and  proceedings  of 
town  meetings.  We  have  thought  it  would  be  useful  to  make  it  the  duty  of 
some  person  to  perform  this  service.] 

§  6.  If  the  town  clerk  be  absent,  or  be  required 
to  preside,  then  such  person  as  shall  be  chosen  for 
that  purpose  by  the  electors  present,  shall  act  as 
clerk  of  the  meeting. 

[New.] 

§  7.  Town  meetings  shall  be  kept  open  in  the  day  Duration, 
time  only,  between  the  rising  and  setting  of  the  sun, 
and  if  necessary,  may  be  held  two  days  successively, 
but  no  longer. 

[Act  of  1813,  2  R.  L.  127,  §  4,  slightly  varied.] 

§  8.  All  questions  arising  at  town  meetings  shall  Questions 
be  determined  by  the  majority  of  the  electors  pre-  edW  601 
sent ;  and  the  officers  presiding  at  such  meeting  shall 
ascertain  and  declare  the  result  of  the  votes  upon 


each  question. 


[Same  act,  $  1  and  2.] 


§  9.  If  any  person  offering  to  vote  upon  any  ques-  challenge* 
tion  arising  at  such  town  meeting,  shall  be  challeng- 
ed as  unqualified,  the  presiding  officers  shall  proceed 


62 


thereupon  in  the  manner  prescribed  in  Chapter  V, 
Title  4,  and  Article  2  of  the  laws  of  this  state. 

[This  refers  to  the  preceding  chapter  "  Of  Elections,"  We  have  departed  from 
the  existing  law,  (act  of  1313,  §  2,)  which  gives  to  the  presiding  officers,  the 
power  of  determining  upon  the  right  of  the  person  offering  to  vote  ;  and  have 
allowed  a  challenge,  not  only  in  elections,  but  on  all  other  questions.] 

befikd ' t0  §10*  The  account  of  the  proceedings  of  every 
town  meeting,  subscribed  by  the  clerk  of  such  meet- 
ing, and  by  the  officers  presiding,  shall  be  filed  in 
the  office  of  the  town  clerk,  within  two  days  after 
such  meeting. 

[New.] 

ARTICLE  III. 

Of  the  election  of  Town  Officers* 


Prociama-  ^  \t  Before  the  electors  shall  proceed  to  elect  any 
town  officer,  proclamation  shall  be  made  of  the  open- 
ing of  the  poll,  and  proclamation  shall  in  like  manner 
be  made  of  each  adjournment,  and  of  the  opening 
and  closing  of  the  poll  until  the  election  be  ended. 

Notice  of      ^  2.  At  each  opening  of  the  poll  in  the  forenoon, 
meJn"&c.  the  officers  presiding  shall  give  notice  at  what  hour 
on  that  day  the  same  will  be  adjourned ;  and  at  each 
opening  after  an  adjournment,  at  what  hour  the  same 
will  be  closed  for  that  day. 

officers        §  3.  The  supervisor,  town  clerk,  assessors^  col- 
^ow  choscn  lectors,  overseers  of  the  poor,  commissioners  of 
highways,  commissioners  and  inspectors  of  common 
schools,  and  constables  shall  be  chosen  by  ballot. 

[Act  of  1813,  2  R.  L.  125  \  1.    Laws  of  1819  p.  190,  \  9.] 

§  4.  All  other  town  officers  shall  be  chosen  either 

1  By  ballot, 

2  By  ayes  and  noes,  or 

3  By  the  rising,  or  the  dividing  of  the  electors, 
as  the  meeting  may  determine. 


63 


§  5.  When  the  electors  vote  by  ballot,  one  ballot 
only  shall  be  required. 

§  6.  It  shall  contain  written  or  printed,  or  partly 
written  and  partly  printed,  the  names  of  the  persons 
voted  for,  and  the  offices  to  which  such  persons  are 
intended  to  be  chosen,  and  shall  be  delivered  to  the 
presiding  officers  so  folded  as  to  conceal  the  contents. 

§  7.  When  the  election  is  by  ballot,  or  by  ayes  Poii  list 
and  noes,  a  poll  list  shall  be  kept  by  the  clerk  of  the 
meeting,  on  which  shall  be  entered  the  name  of  each 
person  whose  vote  shall  be  received. 

§  8.  When  the  election  is  by  ballot,  the  presiding Ballotbo> 
officers  shall  deposit  the  ballots  in  a  box  to  be  con- 
structed, kept,  and  disposed  of,  as  near  as  may  be, 
in  the  manner  prescribed  in  Chapter  V.  Title  4,  and 
Article  4  of  the  laws  of  this  state. 


§  9.  At  the  close  of  every  election  by  ballot,  or  as  canvass 
soon  thereafter  as  may  be  convenient,  the  presiding 
officers  shall  proceed  publicly  to  canvass  the  votes  ; 
which  canvass,  when  commenced,  shall  be  continued 
without  adjournment  or  interruption,  until  the  same  be 
completed. 

§  10.  Before  the  ballots  are  opened  they  shall  be 
counted  and  compared  with  the  poll  list,  and  the  like 
proceedings  shall  be  had  as  to  ballots  folded  together, 
and  as  to  differences  in  number,  as  are  prescribed  in 
Chapter  V.  Title  4,  and  Article  5  of  the  laws  of  this 
state. 

§  11.  The  canvass  being  completed,  a  statement  statement 
of  the  result  shall  be  entered  at  length  by  the  clerk  0fofthejresul 
the  meeting,  in  the  account  of  its  proceedings  to  be 
kept  by  him  as  before  required. 


64 


Arsons t0      §  12,  ^he  C^er^  °^  every town  meeting,  within  five 
elected,    days  thereafter,  shall  transmit  to  each  person  elected 
to  any  town  office,  a  notice  of  his  election. 

[The  whole  of  this  article,  except  §  3,  is  new,  and  is  conformable  to  the  fore- 
going chapter  "  Of  elections."] 

ARTICLE  IV. 

Miscellaneous  and  local  provisions  concerning  Town 
Meetings. 

Trustees  in     §  1.  The  trustees,  authorized  to  be  chosen  by  the 
townfhow  cftarters  °f tne  towns  of  Huntington  and  Brookhaven, 
shosen      in  the  county  of  Suffolk ;  and  of  Rochester  and  Mar- 
bletown  in  the  county  of  Ulster,  may  be  chosen  by 
the  electors  of  those  towns  at  their  annual  town  meet- 
ings. 

[Act  of  1813,  2  R.  L.  135  $  27.] 

Trustees  in     §  2.  The  electors  of  the  town  of  Westchester  in 
westches-  tfte  county  of  Westchester,  may  at  their  annual  town 
meeting,  and  in  the  usual  manner  of  electing  town 
officers,  choose  six  freeholders,  resident  in  the  town, 
trustees  of  said  town. 

[Act  of  1813,  2  R.  L.  136  §  28.] 

§  3.  Such  trustees,  or  a  majority  of  them,  shall 
and  may  order  and  dispose  of  all  or  any  part  of  the 
undivided  lands  in  the  town  of  Westchester,  as  fully 
to  every  purpose,  as  trustees  have  been  used  to  do, 
under  any  patent  or  charter  to  the  said  town. 

[Same  act  and  §.] 

§  4.  They  may  also  continue  to  lease  out  the  right 
and  privilege  of  setting  and  keeping  a  ferry  across 
the  East  river  from  the  town  of  Westchester  to  the 
town  of  Flushing  in  Queens  county,  in  like  manner, 
at  the  same  rates  of  ferriage,  under  the  same  rules 
aud  regulations  and  for  the  like  purposes  as  they  have 
lawfully  been  accustomed  to  do  since  the  18th  day 
of  April  1785. 

[Same  act  and  \  .    Being  a  sort  of  grant,  we  have  in  the  two  last  sections 
copied  the  words  of  the  original.] 


65 


§  5.  The  electors  of  the  several  towns  in  the  coun-  of°^eers 
ties  of  Suffolk,  Queens,  Kings  and  Richmond,  may 

ways  in 

choose  as  many  overseers  of  highways  as  they  shall  Suffolk,  &c. 
deem  necessary. 

[Act  of  1813,  2  R.  L.  125,$  1.] 

§  6.  The  electors  of  the  several  towns  in  the  coun-  ^°x*°us 
ties  of  Columbia,  Albany,  Essex,  Clinton,  Franklin coiumbS, 
and  Seneca,  may  at  their  annual  town  meetings,  or&c- 
at  any  special  town  meeting  which  shall  be  called 
for  the  purpose,  make  provision  for  destroying  nox- 
ious weeds,  on  the  lands  of  any  person  residing  in 
said  towns,  at  the  exclusive  expense  of  such  persons. 

[Act  of  1813,  2  R.  L.  135, 5  26.] 

§  7.  The  electors  of  the  several  towTns  in  the  coun-  Woives&c. 
ties  of  Greene,  Delaware,  Lewis,  Oneida,  Chenan- £cGreene" 
go,  Herkimer,  St.  Lawrence,  Franklin,  Tioga  and 
Allegany,  may  at  their  annual  town  meetings,  or  at 
any  special  town  meeting  which  may  be  called  for 
the  purpose,  make  such  provisions,  and  allow  such 
rewards  for  the  destruction  of  wolves,  panthers,  and 
wild  cats  in  their  respective  towns,  as  they  may 
deem  necessary. 

[Laws  of  1823,  p.  207, }  3.] 

§  8.  Such  rewards  shall  not  exceed  ten  dollars 
for  each  full  grown  wolf,  five  dollars  for  each  wolf 
whelp,  or  panther,  and  two  dollars  for  each  wild  cat. 

[Same  act  and  ^.] 

§  9.  No  person  shall  be  entitled  to  such  reward 
unless  he  be  an  inhabitant  of  the  town  by  which  the 
same  is  granted. 

[Same  act  and  {.] 

§  10.  Persons  claiming  such  rewards  for  the  de- 
struction of  wolves  or  panthers  shall  produce  the 
same  evidence  as  is  required  in  Chapter  XV,  Title 
and  Article       of  the  laws  of  this  state. 

[Same  act  and       The  reference  will  be  to  the  act  concerning  agriciilt'iie 
i  &c.  in  which  the  laws  concerning  noxious  animals  will  find  a  place.] 

9 


66 


§11.  Persons  claiming  such  rewards  for  the  de- 
struction of  wild  cats,  shall  produce  such  evidence 
as  may  be  required  by  the  supervisor  of  the  town. 

[Same  act  and  §.] 

TITLE  III. 

OF  THE  QUALIFICATIONS  OF  TOWN  OFFICERS,  AND 
THE  TENURE  OF  THEIR  OFFICES. 

Quaiinca-  §  1 .  No  person  shall  be  eligible  to  any  town  of- 
fice, unless  he  shall  be  an  elector  of  the  town  for 
which  he  shall  be  chosen. 

[2  R.  L.  125,  §  1,  requires  some  to  befreeholders,  and  all  to  be  inhabitants.] 

2R.L.125.     k  2.  Supervisors,  town  clerks,  assessors,  collec- 

5  1.    Laws  r  _     '  .  '  . 

of  1819,  p.  tors,  overseers  ol  the  poor,  commissioners  01  high- 
190,  §  9.    ways,  and  commissioners  of  common  schools,  shall 

also  be  freeholders  of  the  town ;  except  in  the  towns 

of 

[We  propose  here  to  enumerate  the  several  towns,  chiefly  in  the  western  part 
of  the  state,  in  which  persons  not  freeholders  are  eligible  to  all  town  offices.] 

§  3.  In  the  towns  enumerated  in  the  last  section, 
every  elector  who 

shall  be  eligible  to  all  town  offices. 

[Some  general  qualification  sufficiently  liberal  to  reach  all  the  excepted 
cases,  may  be  inserted  here.] 

§  4.  No  loan  officer  shall,  during  his  continuance 
in  that  office,  be  eligible  to  the  office  of  supervisor. 

[2  R.  L.  138,  $  4.] 

oath  §  5.  Every  person  chosen  or  appointed  to  the  of- 

fice of  supervisor,  town  clerk,  assessor,  overseer  of 
the  poor,  commissioner  of  highways,  town  sealer, 
fence  viewer,  or  pound  master,  before  he  enters  on 
the  duties  of  his  office,  and  within  ten  days  after  he 
shall  be  notified  of  his  election  or  appointment,  shall 
take  and  subscribe,  before  some  justice  of  the  peace 


67 


of  the  town,  the  oath  of  office  prescribed  in  the  6th 
article  of  the  constitution  of  this  state. 

[No  other  town  officers  are  now  required  to  take  an  oath.  See  laws  of  1321, 
page  120,  see  also  laws  of  1823,  p.  207,  §  4.] 


§  6.  Such  oath  shall  be  administered  without  re- 
ward, and  the  justice  before  whom  the  same  shall  be 
taken,  shall  also  without  reward,  certify  in  writing 
the  day  and  year  when  the  same  was  taken,  and 
shall  deliver  such  certificate  to  the  person  by  whom 
the  oath  was  made. 

[2  R.  L.  129,  §7.] 

§  7.  Such  person  within  eight  days  thereafter, 
shall  cause  the  certificate  to  be  filed  in  the  office  of 
the  town  clerk. 

[Same 

§  8.  If  any  person  chosen  or  appointed  to  either  Neglect  to 
of  the  town  offices  above  enumerated,  shall  not  take take  oath* 
and  subscribe  such  oath,  or  shall  not  cause  the  cer- 
tificate thereof  to  be  filed  as  above  required,  such 
neglect  shall  be  deemed  a  refusal  to  serve. 

[Conformable  to  2  R.  L.  129,  $  7.] 

§  9.  Every  person  chosen  or  appointed  to  the  Notice  oi 
office  of  overseer  of  highways,  or  commisioner  or  acceiltance 
inspector  of  common  schools,  before  he  enters  on 
the  duties  of  his  office,  and  writhin  ten  days  after  he 
shall  be  notified  of  his  election  or  appointment,  shall 
cause  to  be  filed  in  the  office  of  the  town  clerk,  a  no- 
tice in  writing  signifying  his  acceptance  of  such  of- 
fice. 

[Laws  of  1821,  p.  120,  $  1  and  3.] 


§  10.  If  any  person  chosen  or  appointed  to  either  Neglect  to 
of  the  offices  named  in  the  last  section,  shall  not give  such 

•  notice 

cause  such  notice  to  be  filed,  such  neglect  shall  be 
deemed  a  refusal  to  serve. 

[Same  $.] 


68 


Collector  §11.  Every  person  chosen  or  appointed  to  the 
bond  e  office  of  collector,  before  he  enters  on  the  duties  of 
his  office,  and  within  eight  days  after  he  receives 
notice  of  the  amount  of  the  taxes  to  be  collected  by 
him,  shall  execute  to  the  supervisor  of  the  town  and 
lodge  with  him,  a  bond  with  one  or  more  sureties, 
to  be  approved  of  by  such  supervisor,  in  double  the 
amount  of  such  taxes,  conditioned  for  the  faithful  ex- 
ecution of  his  duties  as  such  collector. 

[2R.  L.126,5  1.    Laws  of  1823, p.  400,^  26.] 

Bond  to  be  §  12.  The  supervisor  shall  within  six  days  there- 
filed,  &c.  afterj  file  such  bond  in  the  office  of  the  county  clerk, 
who  shall  make  an  entry  thereof,  in  a  book  to  be 
provided  for  the  purpose,  in  the  same  manner  in 
which  judgments  are  entered  of  record ;  and  every 
such  bond  shall  be  a  lien  on  all  the  real  estate  held 
jointly  or  severally  by  the  collector  or  his  sureties, 
within  the  county,  at  the  time  of  the  filing  thereof ;  and 
and  shall  continue  to  be  such  lien,  till  its  condition 
together  with  all  costs  and  charges  which  may  accrue 
by  the  prosecution  thereof,  shall  be  fully  satisfied. 

[Laws  of  1323,  p.  400,  $  26.] 

constable  §  13.  Every  person  chosen  or  appointed  to  the  of- 
curftv.6  se  fi°e  °f  constable,  before  he  enters  on  the  duties  of 
his  office,  and  within  eight  days  after  he  shall  be  no- 
tified of  his  election  or  appointment,  shall  execute  in 
the  presence  of  the  supervisor  or  town  clerk  of  the 
town,  with  one  or  more  sureties,  to  be  approved  of 
by  such  supervisor  or  town  clerk,  an  instrument  in 
writing  under  their  hands  and  seals ;  by  which  such 
constable  and  his  sureties  shall  jointly  and  severally 
agree  to  pay  to  such  persons  respectively  as  may  be 
entitled  thereto,  all  such  sums  of  money  as  the  said 
constable  may  become  liable  to  pay,  on  account  of 
any  execution  which  shall  be  delivered  to  him  for 
collection. 

[This  §  expresses  the  sense  of  the  provision  contained  in  the  act  of  1813,  (2  R. 
L.  126,  §  1,)  though  the  language  has  been  somewhat  altered.  Quere.  Why 
should  the  instrument  be  under  seal?  This  renders  covenant  the  necessary  ac- 
tion.   If  without  seals  assumpsit  would  lie,  which  is  the  simplest  remedy.] 


69 


§  14.  The  supervisor  or  town  clerk  shall  endorse  instrument 
on  such  instrument,  his  approbation  of  the  sureties  ^Vand 
therein  named,  and  shall  then  cause  the  same  to  be  filed, 
filed  in  the  office  of  the  town  clerk. 

[2R.L.126,§  1.] 

§  15.  If  any  person  chosen  or  appointed  to  the  Neglect  to 
office  of  collector  or  constable,  shall  not  give  such^esecun" 
security,  as  is  above  required,  within  the  time  limited 
for  that  purpose,  such  neglect  shall  be  deemed  a  re- 
fusal to  serve. 

[2  R.  L.  129,  $  7.] 

§  16.  Town  officers  shall  hold  their  offices  for^n»re  ol 
one  year  and  until  others  are  chosen  in  their  places.  °  °e 

[2R.  L.  124,  §  1.] 


TITLE  IV. 

OF  VACANCIES  IN  TOWN  OFFICES  AND  THE  MODE 
OF  SUPPLYING  THEM. 

§  1.  If  any  town  shall  neglect,  at  its  annual  townWheie 
meeting,  to  choose  its  proper  town  officers  or  either  gi^ts" 
of  them,  it  shall  be  lawful  for  any  three  justices  of  the choose 
peace  of  the  said  town,  by  warrant  under  their  hands 
and  seals,  to  appoint  such  officers  ;  and  the  persons 
so  appointed  shall  hold  their  respective  offices  till 
the  next  annual  town  meeting,  and  shall  have  the 
same  powers  and  be  subject  to  the  same  duties  and 
penalties,  as  as  if  they  had  been  duly  chosen  by  the 
electors. 

[2  R.  L.  127,  §  5,  so  arranged  as  to  conform  in  express  terms  to  the  decision 
©f  the  Supreme  Court  in  the  case  of  Wildy  v.  Washburn,  16  Johns.  49.] 

§  2.  The  justices  making  such  appointment,  shall 
cause  such  warrant  to  be  forthwith  filed  in  the  office 
of  the  town  clerk,  who  shall  give  notice  to  the  per- 
son appointed,  as  in  other  cases. 

[New.] 


70 


in  case  of  §  3.  jf  any  person  chosen  or  appointed  to  any 
teat  c  town  office,  except  the  office  of  collector,  shall  refuse 
to  serve,  or  shall  die,  or  remove  out  of  the  state,  or 
become  incapable  of  serving  before  the  next  annual 
town  meeting  after  he  shall  have  been  chosen  or  ap- 
pointed, the  town  clerk  shall  within  eight  days  after 
the  happening  of  such  refusal,  death,  removal  or  in- 
capacity, call  a  special  town  meeting  for  the  purpose 
of  supplying  such  vacancy. 

[2  R.  L.  127,  J  5,  but  some  additions,  and  collector  excepted.] 

§  4.  If  the  electors  shall  not,  within  fifteen  days 
after  the  happening  of  such  vacancy,  supply  the  same 
by  an  election  at  town  meeting,  the  same  shall  be 
supplied  by  the  justices  of  the  town,  in  the  like  man- 
ner, and  with  the  like  effect  as  above  provided. 

[2  R.  L.  127,  $  5.] 

vacancies     §  5.  Vacancies  in  the  office  of  collector  shall  be 
ir'sofficeCt"  supplied  in  the  manner  prescribed  in  Chapter  XII. 
Title       and  Article       of  the  laws  of  this  state. 

[Refers  to  that  part  of  the  tax  law  in  whbh  the  provisions  of  the  act  of  1823. 
(p.  400,  §  27,)  are  inserted.] 


TITLE  V. 

OF  THE  DUTIES  OF  CERTAIN  TOWN  OFFICERS. 

ARTICLE  I. 

Duties  of  Town  Officers,  in  the  performance  of  which 
more  than  one  is  required. 

ofdecSn  §  1*  supervisor,  assessors,  and  town  clerk  of 
each  town,  or  a  majority  of  them,  shall  be  the  inspec- 
tors of  all  elections  in  such  town,  other  than  for  town 
officers ;  and  shall  perform  the  duties  enjoined  on 
such  inspectors  in  Chapter  V.  of  the  laws  of  this 
state, 

[Laws  of  1822,  p.  267,  $  2.] 


71 


5  2.  The  supervisor  and  town  clerk,  together  with  Auditors  01 

,    y  .  .  JP      ,        -  .  accounts 

the  justices  ot  the  town,  or  a  majority  ot  such  justi- 
ces, shall  be  the  auditors  of  the  accounts  of  the  over- 
seers of  the  poor,  and  the  commissioners  of  high- 
ways of  such  town. 

[1  R.  L.  p.  290,  \  28.    2  R.  L.  280,  $  31.] 

§  3.  They  shall  meet  for  the  purpose  of  examining 
such  accounts,  on  the  Tuesday  preceding  the  annual 
town  meeting,  to  be  held  in  such  town. 

[lb.    This  article  is  imperfect.] 

ARTICLE  II. 


Duties  of  the  Supervisor. 


§  1.  The  supervisor  of  each  town  shall  receive  To  receive 
and  disburse  all  monies  raised  therein  for  defraying  m<^urs! 
town  charges,  except  those  raised  for  the  support  of 
the  poor,  and  of  common  schools. 

[Founded  on  2  R.  L.  138,  $  2.  and  act  of  1819  p.  190,  $  7.    Poor  monies  are 
paid  to  overseers  of  poor,  school  monies  to  commissioners.] 


§  2.  He  shall  keep  a  just  and  true  account  of  the  To  kee\ 
receipt  and  expenditure  of  all  monies  which  shall account 
come  into  his  hands  by  virtue  of  his  office,  in  a  book 
to  be  provided  for  that  purpose  at  the  expense  of  the 
town,  and  to  be  delivered  to  his  successor  in  office. 

[New,  but  conceived  to  be  useful.] 

§  3.  On  the  Tuesday  preceding  the  annual  town  when  w 
meeting,  and  between  the  first  and  last  Mondays  of account 
September  in  each  year,  he  shall  account  with  the 
justices  of  the  peace  and  town  clerk  of  the  town,  for 
all  monies  received  by  him. 

[By  £  2  of  the  act  for  defraying  the  charges  in  the  respective  counties,  &c.  (2 
R.  L.  138,)  the  supervisor  is  required  to  account  on  or  before  the  last  Monday 
of  September  in  each  year.  We  think  it  would  also  be  useful  to  have  him  ac- 
count at  the  same  time  with  the  overseers  of  the  poor  and  commissioners  ol 
highways,  to  the  end  that  the  result  may  be  stated  to  the  town  meeting.  As  the 
supervisor,  justices,  and  town  clerk  are  required  to  meet  on  the  Tuesday  preced- 
ing the  town  meeting,  for  the  purpose  of  examining  those  accounts,  there  can  be 
no  inconvenience  in  requiring  the  supervisor  to  account  at  the  same  time.  This 
5  has  therefore  been  so  framed  as  to  effect  that  object. 1 


72 


§  4.  At  every  such  accounting,  the  justices  and 
town  clerk  shall  enter  a  certificate  in  the  supervisor's 
book  of  accounts,  shewing  the  state  of  his  accounts  at 
the  date  of  the  certificate. 

[New.] 

leeun^tf    §  ^*  ^e  supervisor  of  each  town  shall  attend  the 
boaViofsu-  annual  meeting  of  the  board  of  supervisors  of  the 
pervisors.  county,  and  every  adjourned  or  special  meeting  of 
such  board,  of  which  he  shall  have  notice. 

[2  R.  L.  137,  §  1.  The  provision  as  to  adjourned  or  special  meetings  is  new, 
though  adjourned  meetings  are  frequent,  and  special  meetings  are  authorised  in 
some  counties.  See  laws  of  1825,  p.  3.] 

To  present   «§  6.  He  shall  receive  all  accounts  against  the  town, 
TheCimnts  t0  and  shall  lay  them  before  the  board  of  supervisors, 
at  their  next  meeting. 

(New.) 

And  entries  §  7.  He  shall  also  lay  before  the  board  of  super- 
fee  Ta™eT°  visors  such  copies  of  entries  concerning  monies  voted 

to  be  raised  in  his  town,  as  shall  be  delivered  to  him 

by  the  town  clerk. 

(New.    See  Post  art.  3,  §  3.) 

§  8.  In  addition  to  the  provisions  contained  in  this 
Chapter,  the  supervisor  shall  perform  the  duties  en- 
joined in  Chapters  of  the  laws  of  this  state. 

[In  this  manner  a  convenient  reference  may  be  made  to  every  other  chapter 
which  relates  to  supervisors'  duties.] 

ARTICLE  III. 

Duties  of  the  Town  Clerk. 

To  keep       ^  i.  The  town  clerk  of  each  town  in  this  state 
cordV&c   shall  have  the  custody  of  all  the  records,  books  and 
papers  of  the  town. 

(New  in  terms,  but  conformable  to  the  existing  practice.) 

§  2.  He  shall  record  in  a  book  to  be  kept  for  that 
purpose,  every  order  or  direction,  and  all  rules  and 
regulations  made  bv  anv  town  meeting  in  such  town. 

(2F.L.  131,$  12.) 


73 


§  3.  He  shall  deliver  to  the  supervisor,  on  or  be-  To  *ai»ei 
fore  the  first  day  of  October  in  each  year,  certified  u^Tos"" 
copies  of  all  entries  of  votes  for  raising  money,  made  penrhw 
since  the  last  meeting  of  the  board  of  supervisors 
and  recorded  in  the  town  book. 

[Similar  provision  in  relation  to  poor  monies  voted  to  be  raised,  1  R.  L.  287 
0  23.    We  have  made  it  general.] 

§  4.  Upon  the  death  or  expiration  of  the  office  of  To  deliver 
any  town  clerk,  all  the  records,  books,  and  papers  t00s0uccesioi 
belonging  to  the  office  shall  be  delivered  to  the  suc- 
ceeding town  clerk,  upon  the  oath  of  the  preceding 
town  clerk,  or  in  case  of  his  death,  upon  the  oath  of 
his  executors  or  administrators. 

[2  R.  L.  130,  $  11.] 


orm  o: 


§  5.  Such  oath  shall  be  administered  by  the  town  f 
clerk,  and  shall  be  in  the  following  words —  oath 

[Form  will  be  here  given.] 

§  6.  The  town  clerks,  immediately  after  the  qua-  To  return 
lifying  of  any  constables  chosen  or  appointed,  in  their  ^Vies c°e 
respective  towns,  shall  return  to  the  clerks  of  their 
respective  counties  the  names  of  such  constables. 

[2  R.  L.  129,  §  8,  conformed  to  1819,  p.  31,  §  2.  This  $  requirrs  it  to  be 
done  after  qualifying,  which  was  implied  though  not  expressed  in  the  {  in  1819, 
p.  31.] 

§  7.  In  addition  to  the  provisions  contained  in 
this  chapter,  the  town  clerk  shall  perform  the  duties 
enjoined  in  chapters  of  the 

laws  of  this  state. 

[New.] 

ARTICLE  IV. 

Duties  of  Fence  Viewers  and  Powid  Masters,  and 
herein  of  division  fences  aud  cattle  doing  damage. 

§  1.  Where  the  lands  of  any  two  or  more  persons  Pwfcioa 
shall  join  each  other,  each  of  them  shall  make  andfence5 
maintain  a  just  proportion  of  the  division  fence  be- 
tween them,  unless  such  persons  shall  choose  to  let 
their  lands  lie  open. 

[2R.L.  133,  part  of}  17.1 

10 


74 


Disputes    §  2.  If  disputes  arise  between  such  persons,  con - 
Sow  cerning  the  proportion  of  the  fence  to  be  made  or 
settled.     maintained  by  either  of  them,  such  disputes  shall  be 
settled  by  the  fence  viewers  of  the  town,  or  any  two 
of  them,  whose  decision  shall  be  conclusive. 

[Same  $.] 

§  3.  If  any  such  person  shall  neglect  or  refuse  to 
make  and  maintain  his  proportion  of  such  fence ;  or 
shall  permit  the  same  to  be  out  of  repair ;  he  shall 
be  liable  to  pay  to  the  party  injured  all  such  dama- 
ges as  shall  accrue  thereby,  to  be  ascertained  and 
appraised  by  the  fence  viewers  of  the  town,  or  any 
two  of  them,  and  to  be  recovered  with  costs  of  suit. 

[Same  §.] 

§  4.  If  such  neglect  or  refusal  shall  be  continued, 
for  the  period  of  one  month  after  request  to  make 
or  repair  such  fence,  the  party  injured  may  make  or 
repair  the  same,  at  the  expense  of  the  party  so  neg- 
lecting or  refusing ;  to  be  recovered  from  him  with 
costs  of  suit. 

[Same 

whendivi-  §  5.  If  any  person  who  shall  have  made  his  pro- 
Bion  fence  p0rtion  of  a  division  fence,  shall  be  disposed  to  suf- 

may  be  ve-  £      ,  .     ,       ,  , .  ,  i  •  p 

moved.  ler  his  lands  to  lie  open ;  he  may  remove  his  tence, 
after  first  giving  to  the  person  in  possession  of  the 
lands  adjoining,  three  months  notice  of  his  intention 
so  to  do. 

[Same  §.] 

§  6.  If  any  such  fence  shall  be  removed  without 
such  notice,  the  party  removing  the  same,  shall  pay 
to  the  party  injured  all  such  damages  as  he  may 
sustain  thereby,  to  be  recovered  with  costs  of  suit. 

[Same  §.] 

i 

Reparation     §  7.  Whenever  a  division  fence  shall  be  injured 
fence!isi0n  or  destroyed  by  floods,  or  other -casualty,  the  per- 
son bound  to  make  and  repair  such  fence  or  any 


75 


part  thereof,  shall  make  or  repair  the  same  or  his 
just  proportion  thereof,  within  ten  days  after  he  shall 
be  thereunto  required  by  any  person  interested 
therein. 

[2  R.  L.  133,  §  18,  and  preamble, —  extended  to  other  casualties.] 

§  8.  If  such  person  shall  refuse  or  neglect  to  make 
or  repair  his  proportion  of  such  fence  for  the  space 
of  ten  days  after  such  request,  the  party  injured  may 
make  or  repair  the  same,  at  the  expense  of  the  party 
so  refusing  or  neglecting,  to  be  recovered  from  him 
with  costs  of  suit. 

[Same  §.] 

§  9.  There  shall  be  made  and  kept  in  each  town  Pounds 
in  this  state,  one  or  more  sufficient  pounds,  which 
shall  be  under  the  care  and  direction  of  such  pound 
master,  as  shall  be  chosen  or  appointed  for  the  pur- 
pose. 

[2R.  L.  134,521.] 

§  10.  Whenever  a  distress  shall  be  made  of  beasts  DiStress  of 
doing  damage,  the  person  distraining,  shall  within  cattle  doing 
twenty-four  hours  thereafter,  unless  the  distress  be  damage' 
made  on  Saturday,  in  which  case  he  shall  before 
Tuesday  morning  thereafter,  make  application  to 
the  nearest  fence  viewers  in  the  town,  to  ascertain 
and  appraise  the  damage. 

[2R.L.  134,  §  19.] 

§  11.  Such  fence  viewers  shall  immediately  go  to  Dutyot 
the  place  where  such  damage  was  committed,  and fence  view 
view  the  damage  done,  and  shall  ascertain,  appraise ers' 
and  certify  under  their  hands,  the  amount  thereof, 
with  their  fees. 

[Same  $.] 

§  12.  If  any  dispute  shall  arise  concerning  the  suf- 
ficiency of  the  fence,  it  shall  be  determined  by  the 
same  fence  viewers,  whose  decision  shall  be  conclu- 
sive. 

[Same  }.] 


76 


Bmasts  l?  §  After  the  damages  have  been  appraised  and 
be  jmpoun  certjge(^  an(}  within  forty-eight  hours  after  making 
the  distress,  the  person  distraining,  unless  the  dama- 
ges shall  be  sooner  paid,  shall  cause  the  beasts  dis- 
trained, to  be  put  in  the  nearest  pound  in  the  same 
county. 

[Same  §.    See  also  4  John.  R.  191, 10  John.  R.  253.] 

§  14.  Such  beasts  shall  there  remain,  until  the 
sum  certified  by  the  fence  viewers,  with  the  fees  of 
the  pound  master,  shall  be  paid,  or  the  beasts  so  im- 
pounded be  replevied. 

[Same  §.] 

And  sold.  §  15.  If  such  owner  shall  not  pay  the  certified 
damage  with  the  fees  of  the  fence  viewers  and  pound 
masters,  and  the  reasonable  charges  for  feeding  and 
keeping  such  beasts,  (not  exceeding  three  cents  for 
each  beast  for  twenty-four  hours,)  within  six  days 
after  they  shall  be  impounded,  or  replevy  the  same, 
the  pound  master  shall  sell  such  beasts  by  public 
auction. 

[2  R.  L.  134,  $  21.] 

si!?6  oi  §16.  He  shall  give  at  least  forty-eight  hours  pre- 
vious notice  of  such  sale,  by  advertisement  to  be  set 
up  at  the  pound,  and  at  the  public  place  nearest 
thereto. 

[Same  §.] 

Disposition  §  1 7.  Out  of  the  monies  arising  from  such  sale  the 
pound  master  shall  pay  to  the  party  injured,  and  to 
the  fence  viewers,  their  damages  and  fees ;  retain 
in  his  hands  his  own  fees  and  charges;  and  return 
the  overplus  monies  to  the  owner  of  the  beasts. 

[Same  §.] 

§  18.  If  the  owner  shall  not  appear  and  claim  such 
overplus,  within  six  calendar  months  after  such  sale, 
the  same  shall  be  paid  to  the  overseers  of  the  poor 
of  the  town,  where  such  beasts  were  impounded,  for 
the  use  of  the  poor  of  such  town. 

[Same  §.] 


71 


§  19.  The  pound  masters  shall  be  allowed  the  Fees  0r 
following  fees  for  their  services,  to  wit:  for  taking  j^"  w 
into  the  pond  and  discharging  therefrom  every  horse, 
ass,  or  mule,  and  all  neat  cattle,  twelve  and  a  half 
cents ;  for  every  sheep  or  lamb  three  cents ;  and  for 
every  hog  six  cents. 

[It  may  perhaps  be  found  convenient  to  refer  part  of  the  contents  of  this  arti- 
cle to  the  general  title  of  Distresses,  which  will  find  a  place  in  the  III  division 
of  the  statutes.] 

ARTICLE  V. 

Duties  of  Constables* 

§  1 .  It  shall  be  the  duty  of  the  several  constables 
to  attend  at  the  opening  of  every  town  meeting  and 
election,  held  in  their  respective  towns ;  and  such  of 
them  as  shall  be  designated  for  that  purpose  by  the 
board  of  inspectors,  shall  remain  in  attendance  du- 
ring such  town  meeting,  and  during  such  election 
and  the  succeeding  canvass. 

[New.  See  ante  Chap.  V.  Tit.  4,  Art.  1,  §  6.  The  other  duties  of  consta- 
bles being  connected  with  the  administration  of  justice,  must  be  referred  to  their 
appropriate  heads.] 

For  the  duties  of  Assessors  and  Collec- 
tors, see  Chapter  XI.  "  Of  the  assessment  and 
collection  of  taxes.'' 

For  the  duties  of  Commissioners  and  Over- 
seers of  Highways,  see  Chapter  XVI.  "  Of 
Highways  and  Bridges." 

For  the  duties  of  Commissioners  and  Inspec- 
tors of  Common  Schools,  see  Chapter  XIV. 
"  Of  Public  Instruction." 

For  the  duties  of  Town  Sealer,  see  Chap- 
ter XV.  "  Of  Agriculture,  Trade,  and  Manu- 
factures." 

[The  act  concerning  "the  money  of  account,  and  weights  and  measures,"  will 
probably  be  revised  with  other  regulations  concerning  trade.} 


78 


The  duties  of  assessors,  overseers  of  the  poor,  &c. 
cannot  be  separated  from  the  general  subjects  to 
which  they  relate,  and  are  therefore  omitted  in  this 
place. 


TITLE  VI. 

OF  TOWN  CHARGES  AND  THE  MODE  OF  DEFRAYING 

THEM. 

what  a  §  i.  Every  sum  directed  to  be  raised  for  any 
chTrge      town  purpose,  by  the  vote  of  a  town  meeting  and 

the  allowance  of  the  board  of  supervisors,  is  a  charge 

on  such  towTi. 

[New  and  declaratory.] 

§  2.  The  compensation  of  the  assessors,  inspec- 
tors of  elections,  commissioners  of  highways,  inspec- 
tors and  commissioners  of  common  schools,  and  of 
the  town  clerk  as  clerk  of  the  last  named  commis- 
sioners, is  also  a  town  charge. 

[2  R.  L.  137,  1823,  p.  238— 1819,  p.  192,  $  11.] 

To  whom      §  3.  Accounts  for  town  charges  of  every  descrip- 
sentedPie~  ^on'  are  to  ^e  presented  to  the  supervisor  of  the 
town,  to  be  laid  by  him  before  the  board  of  supervi- 
sors of  the  county. 

[New.    See  ante  Tit.  5,  Art.  2,  §  6.] 

How  raised  §  4.  The  monies  necessary  to  defray  the  town 
charges  of  each  town  in  this  state,  are  to  be  levied 
on  the  taxable  property  in  such  town,  in  the  manner 
prescribed  in  Chapters  VIII.  and  XI.  of  the  laws  of 
this  state. 

[This  title  is  imperfect,  and  cannot  be  completed,  until  the  late  report  of  the 
comptroller  and  the  accompanying  bills  are  disposed  of  by  the  legislature.] 


FROM  WHICH  THE  PRECEDING  CHAP- 
TERS HAVE  BEEN  PRINCIPALLY 
COMPILED. 

[We  subjoin  the  general  election  law  passed  in  1822,  and  the  revised  act 
concerning  the  po\ver9,  duties  and  privileges  of  towns,  passed  in  1813.  Many- 
provisions  relating  to  these  subjects,  found  in  other  and  subsequent  statutes, 
have  been  incorporated  in  the  preceding  chapters.  As  the  following  acts  will 
afford  the  means  of  a  general  comparison  ;  and  as  the  other  enactments  have 
been  carefully  noted  in  the  references  made  by  us ;  we  have  thought  it  unneces- 
sary to  increase  the  length  of  this  report,  by  adding  them  here.  The  passages 
printed  between  brackets  have  been  omitted,  as  more  properly  referrible  to  other 
chapters.] 

AN  ACT  FOR  REGULATING  ELECTIONS.     Laws  °l 

1822,  p  267 

Passed  April  17,  1822. 

I.  BE  it  enacted  by  the  People  of  the  State  of  New-  Elections 
York,  represented  in  Senate  and  Assembly,  That  all  ^  be  "held 
elections  for  governor,  lieutenant-governor,  senators, fiist  Mon- 
representatives  in  the  congress  of  the  United  States,  L°chN°T 
members  of  assembly,  sheriffs,  coroners,  and  clerks  year'  and 
of  counties,  [including  the  register  and  clerk  of  the°pen3days 
city  and  county  of  New-York,]  shall  be  by  ballot; 

and  that  such  elections  [in  the  cities  of  New-York, 
Albany  and  Schenectady,  shall  be  by  wards,]  and  in 
all  the  other  parts  of  the  state  by  towns ;  and  that 
the  first  Monday  of  November  in  every  year,  shall  be 
the  anniversary  day  on  which  such  election  shall  be 
held,  and  from  which  the  same  shall  be  continued 
by  adjournment,  from  day  to  day,  for  three  succes- 
sive days,  including  the  first. 

II.  And  be  it  further  enacted,  That  the  supervisor,  J"2!ecWrs 
assessors,  and  town  clerk  of  the  several  towns  in  this  dons6  in  e° 
state,  or  a  majority  of  them  actually  in  office,  shall,  tow°s  ano: 
from  time  to  time,  be  the  inspectors  of  such  elections  how  chose  i  ■ 
in  their  respective  towns;*  [and  that  in  the  cities  ofincitie" 
New-York,  Albany,  and  Schenectady,  such  inspec- 

*  The  former  part  of  this  5  introduced  in  Chaptor  VII.  Title  5,  \rt.  1. 


80 


tors  shall  be  appointed  by  the  common  council  of 
said  cities  respectively,  at  their  usual  place  of  meet- 
ing in  each  of  the  said  cities,  on  or  before  the  second 
Monday  of  October  in  every  year,  who  then  and  there 
shall,  by  plurality  of  voices,  elect  from  among  the 
substantial  freeholders,  actually  resident  in  each  ward 
of  the  said  cities,  three  persons  for  inspectors  of  such 
election,  then  next  to  be  holden  in  such  ward,  any 
two  of  whom  may  act ;  and  in  case  of  the  death  or 
inability  of  either  of  them  to  act,  the  said  common 
council  may  thereafter  appoint  others  in  their  places. 

de?kofthe    IIL  M  be  it  further  enacted,  That  the  clerk  of 
senate  in  the  senate  shall  annually,  between  the  first  days  of 
ting  to  she-  ^uty  anc^  September,  inclose  and  send  in  writing, 
riffs  notice  under  his  hand,  to  each  of  the  sheriffs  of  the  diffe- 
of  election,  rent  countjes  of  this  state,  a  notification  of  the  names 
of  the  senators  for  the  senate  district  to  which  such 
county  shall  belong,  whose  seats  will  become  vacant 
on  the  last  day  of  December  thereafter ;  and  of  the 
names  of  those,  if  any,  whose  seats  may  have  become 
vacant  by  death,  or  otherwise,  and  of  the  number  of 
senators  to  be  elected  in  such  district,  at  the  then 
ensuing  election;  and  also,  that  a  governor,  and 
lieutenant-governor,  or  a  lieutenant-governor  only, 
as  the  case  may  require,  is,  or  are  then  to  be  chosen  ; 
and  in  case  any  vacancy  shall  happen  in  the  office 
of  any  senator,  on  or  after  the  first  day  of  Septem- 
ber, and  before  the  fifteenth  day  of  October,  in  any 
year,  then  the  said  clerk  shall  immediately  thereafter 
give  the  like  notification  of  the  name  of  every  sena- 
Duty  of  tor  whose  seat  shall  so  become  vacant;  and  in  case 
J^taryofof  the  death,  inability,  or  removal  of  such  clerk  out 
of  this  state,  it  shall  be  the  duty  of  the  secretary  of 
this  state  to  make  and  send  such  notification ;  and 
each  sheriff  shall,  without  delay,  transmit  a  copy  of 
such  notification  to  one  of  the  inspectors  in  each 
town  or  ward  in  his  county,  and  also  affix  a  copy 
thereof  on  the  door  of  the  court-house  in  his  county. 


81 


IV.  And  be  it  further  enacted,  That  each  inspeo   Duty  of 
tor,  upon  receiving  such  notification,  shall  immedi-  J^eup™ 
ately  give  notice  thereof  to  the  other  inspectors  of 
his  town  [or  ward;]  and  the  said  inspectors,  or  a 
majority  of  them,  shall,  without  delay,  meet  togeth- 
er, and  by  writing  under  their  hands,  to  be  fixed  up  ^ 
in  at  least  five  of  the  most  public  places  of  such  town 
[or  ward,]  give  eight  days  notice  of  the  time  and 
place,  or  the  times  and  places,  which  to  them  shall 
appear  most  convenient  for  the  electors  within  the 
same  to  meet,  for  the  purposes  of  the  said  election, 
to  vote  for  governor,  lieutenant-governor,  senators, 
representatives  in  the  congress  of  the  United  States, 
members  of  assembly,  sheriffs,  coroners,  and  clerks 
of  counties,  [including  the  register  and  clerk  of  the 
city  and  county  of  New- York,]  or  for  such  of  them 
as  the  said  election  shall  then  be  held  for,  in  such 
towns  [and  wards;]  in  which  said  notice,  the  said 
inspectors  shall  mention  which,  and  how  many  of 
the  said  officers  are  to  be  voted  for  by  the  electors  ; 
and  at  the  time  and  place  of  opening  such  election, 
the  said  inspectors  shall  publicly  administer  to  each 
other,  and  severally  take  the  following  oath :  "  1,     ° ^by6 
do  solemnly  and  sincerely  swear  and  declare,  the  ir.spec 
in  the  presence  of  Almighty  God,  (or  i,  do tors- 

solemnly  and  sincerely  affirm  and  declare,)  that  I 
will,  in  ail  things,  well,  faithfully,  honestly,  and  im- 
partially, and  according  to  the  best  of  my  knowledge 
and  abilities,  execute  the  office  of  inspector  of  this 
election,  and  that  I  will  faithfully  and  impartially  can- 
vass and  estimate  the  ballots  taken  at  the  same  elec- 
tion, and  certify  a  true  and  just  statement  of  the  same, 
according  to  my  best  understanding;  and  that  if  I 
shall  discover  any  of  the  other  persons  who  shall  at- 
tend with  me  for  the  purpose  aforesaid,  conducting 
himself  or  themselves  partially,  unduly,  or  corruptly 
in  the  premises,  that  I  will  divulge  or  discover  the 
same  ;  to  the  end,  that  the  person  so  offending  may 
be  brought  to  justice."  And  further,  That  in  each 
town  [or  ward,]  the  inspectors  shall  appoint  two  or 

11 


cierks  of  more  competent  clerks  of  such  election,  each  oi 
iobfcho- n  whom  shall  keep  a  poll  list  of  the  same,  under  the 
sen,  and   direction  of  the  inspectors,  and  take  the  following 
their  oaths.  oat^  tQ  ^e  administered  by  the  said  inspectors,  to 
wit :  "  I,  do  solemnly  and  sincerely  swear  and 

declare,  (or,  I,  do  solemnly  and  sincerely  af- 

firm and  declare,)  that  I  will  faithfully,  truly,  honest- 
ly, and  impartially,  enter  and  keep  the  poll  lists  at 
this  election,  and  in  all  things  will  faithfully,  truly, 
honestly,  and  impartially,  according  to  the  best  of  my 
knowledge  and  abilities,  do,  perform,  and  fulfil  my 
duty  as  a  clerk  thereof."  And  the  said  inspectors 
shall  preside  at  such  election,  and  conduct  and  di- 
rect the  same,  according  to  the  regulations  of  this 
act,  and  be  the  returning  officers  thereof,  in  manner 
prociama-  hereinafter  directed.  And  the  inspectors  and  clerks 
tion  on  being  sworn  as  aforesaid,  the  said  inspectors  shall 
poiU  &c.  e  cause  proclamation  to  be  three  times  made,  as  fol- 
lows, to  wit :  "  Hear  ye,  hear  ye,  hear  ye,  the  poll 
of  this  election  is  opened,  and  all  manner  of  persons 
attending  the  same  are  strictly  charged  and  com- 
manded, by  the  authority  and  in  the  name  of  the  peo- 
ple of  this  state,  to  keep  the  peace  thereof,  during 
their  attendance  at  this  election,  upon  pain  of  im- 
prisonment which  proclamation  shall  be  repeated 
at  every  subsequent  opening  of  the  poll,  after  an  ad- 
journment thereof;  and  proclamation  of  every  such 
adjournment,  and  of  the  closing  thereof,  shall  also  in 
Provi<;o  like  manner  be  made :  Provided  always,  That  always 
the  proclamation  by  which  the  same  shall  be  closed, 
shall  be  preceded  three  hours  by  a  proclamation  no- 
tifying that  the  same  will  be  so  closed  ;  and  the  poll 
of  every  such  election  shall  be  kept  open  in  the  day 
time  only,  between  the  rising  and  the  setting  of  the 
sun. 

Poll  in  the  V.  And  be  it  further  enacted  y  That  the  poll  of  eve- 
hty  kri'to  ry  sucn  election  in  the  city  of  New- York,  shall  be 
be  kePt°  opened  at  or  before  ten  o'clock  in  the  morning  of 
open'      each  day  on  which  the  said  election  shall  be  held. 


83 


and  shall  be  kept  open  on  each  day  of  such  election, 
until  the  setting  of  the  sun. 

VI.  And  be  it  further  enacted^  That  at  every  such  10 
election,  there  shall  be  kept  by  the  clerks  of  the  saidbekept' 
election,  one  poll  list  of  persons  who  vote  for  gov- 
ernor, lieutenant-governor,  and  senators,  one  poll 
list  of  persons  voting  for  representatives  in  the  con- 
gress of  the  United  States,  one  poll  list  of  persons 
voting  for  members  of  assembly,  sheriff,  clerk,  and 
coroners  of  counties;  [and  in  the  city  of  New- York, 
for  clerk  and  register  of  said  city,]  or  for  so  many  of 
them  as  shall  be  voted  for  at  any  such  election :  and  PeiSons  to 

.  in  ii»  vole  where 

that  no  person  shall  vote  at^any  such  election,  ex- they  reside 
cept  in  the  town  or  ward  in  which  he  shall  actually 
reside. 


VII.  And  be  it  further  enacted,  That  the  mode  of  Mode  of 
conducting  every  such  election,  shall  be  as  follows  :  ^ekctk^ 
Every  person  wjio  shall  be  qualified  according  to 
the  constitution  of  this  state,  as  lately  adopted  by 
the  people  thereof,  and  shall  offer  himself  to  vote 
for  governor,  lieutenant-governor  and  senators,  shall, 
at  such  election,  openly  deliver  his  ballot  for  gover- 
nor, lieutenant-governor,  and  senators,  or  such  of 
them  as  shall  be  then  to  be  chosen,  to  one  of  the  in- 
spectors, who  shall  receive  the  same,  in  the  presence 
of  the  other  inspectors  ;  which  ballot  shall  be  a  pa-  one  ballot 
per  ticket,  containing  the  name  of  a  person  for  go-  j^f^i 
vernor,  and  the  name  of  a  person  for  lieutenant-go-  tors,  &c. 
vernor,  and  the  names  of  so  many  persons  for  sena- 1^^, 
tors,  as  shall  be  then  to  be  chosen  in  that  senate  dis-  be  put  into 
trict,  wherein  the  elector  shall  reside,  or  such  and  so onp  box 
many  of  them  respectively,  as  are  then  to  be  chosen, 
and  such  elector  shall  think  proper  to  vote  for,  seve- 
rally written  or  printed,  or  partly  written  and  partly 
printed,  on  the  same  paper  ticket,  and  distinguishing 
who  is  voted  for  as  governor  or  lieutenant-governor, 
when  they,  or  either  of  them,  are  to  be  chosen,  and 
who  are  voted  for  as  senators,  and  the  said  paper 


34 


ticket  shall  be  so  folded  or  closed  as  to  conceal  the 
contents  thereof;  and  on  the  receipt  of  every  ballot 
or  ticket  for  governor,  lieutenant-governor,  and  sena- 
tors, or  any  of  them,  the  inspectors  shall  cause  the 
name  of  the  elector  to  be  entered  in  the  books  or  poll 
lists  for  governor,  lieutenant-governor,  and  senators, 
or  such  of  them  as  are  then  to  be  chosen,  by  all  the 
clerks,  and  shall  cause  the  ballot,  without  suffering 
the  same  to  be  inspected,  to  be  put  into  a  box  to  be 
provided  for  the  purpose  of  receiving  the  ballots  for 
governor,  lieutenant-governor  and  senators,  or  such 
of  them  as  are  then  to  be  chosen,  with  a  sufficient 
lock  thereto :  and  which  box  shall  be  locked,  and 
the  key  thereof  kept,  c(uring  the  election,  by  one  of 
the  inspectors  attending  such  election,  to  be  appoint- 
ed for  that  purpose  by  the  major  part  of  them :  and 
a  small  hole  shall  be  made  in  the  lid  or  cover  of  the 
said  box,  sufficient  only  to  receive  each  ballot,  and 
through  which  all  the  ballots  shall  be  put  into  the  said 
box,  and  which  box  shall  only  be  ouened  at  the  times 
Another  herinafter  mentioned.  And  further,  That  every  person 
representa-  who  shall  be  qualified  as  aforesaid,  and  offer  himself 
tives  in  con- 10  vote  for  representative  or  representatives  in  the 
luttntoan-  congress  of  the  United  States,  if  any  are  at  such 
other  box  election  to  be  chosen,  shall  openly  deliver  his  ballot 
for  such  representative  or  representatives,  to  one  of 
the  inspectors,  who  shall  receive  the  same,  in  the 
presence  of  the  other  inspectors  :  which  ballot  shall 
also  be  a  paper  ticket,  containing  the  name  or  names 
of  as  many  persons  for  representatives  in  the  congress 
of  the  United  States,  as  is  or  are  then  to  be  voted  for, 
in  the  congressional  district  in  which  such  elector 
shall  then  reside,  or  so  many  of  them  as  such  elector 
shall  think  proper  to  vote  for,  severally  written  or 
printed,  or  partly  written  and  partly  printed,  on  the 
same  paper  ticket ;  and  the  said  paper  ticket  shall  be 
so  folded  or  closed,  as  to  conceal  the  contents  there- 
of; and  on  the  receipt  of  every  ballot  or  ticket  for 
representatives  in  the  congress  of  the  United  States, 
the  inspectors  shall  cause  the  name  of  the  elector  to 


85 


be  written  on  the  books  or  poll  lists  for  such  reprt  - 
sentatives,  by  all  the  clerks,  and  shall  cause  the  bal- 
lot, without  suffering  the  same  to  be  inspected,  to 
be  put  into  a  box  to  be  provided  for  the  purpose  of 
receiving  the  ballots  for  such  representatives,  with  a 
sufficient  lock  thereto  :  which  shall  be  locked,  kept 
and  disposed  of  in  the  same  manner  as  the  box  for 
receiving  the  ballots  for  governor,  lieutenant-gover- 
nor and  senators,  above-mentioned.    And  further,  ^V^n  . 

i*'/*     i  r  -ill        third  ballot 

That  every  person,  qualified  as  aforesaid,  who  snail  for  mem- 
offer  himself  to  vote  for  members  of  assembly,  she-  g^My^be 
riff,  coroners,  and  clerk  of  counties,  [and  in  the  city  rift;  coro* 
of  New-York,  for  the  register  and  clerk  of  said  city,]  £ecrs,(f„r^ 
shall  at  such  election,  openly  deliver  his  ballot  for  city  of  n. 
members  of  assembly,  sheriff,  coroners,  and  clerk  ^f^^Sr&c 
the  county,  [and  in  the  city  of  New- York,  for  the  tobeputin- 
clerk  and  register  of  said  city,]  or  such  of  them  as  J^* th,n1 
shall  be  then  to  be  chosen,  to  one  of  the  inspectors, 
who  shall  receive  the  same  in  the  presence  of  the 
other  inspectors  ;  which  ballot  shall  also  be  a  paper 
ticket,  containing  the  names  of  as  many  persons  for 
members  of  assembly,  as  are  then  to  be  chosen  for 
the  county  wherein  such  elector  shall  then  reside, 
the  name  of  a  person  for  sheriff  of  said  county,  the 
name  of  a  person  for  clerk  of  said  county,  and  the 
names  of  so  many  persons  for  coroners  of  said  coun- 
ty, as  are  then  to  be  chosen  therein  ;  [and  if  in  the 
city  of  New- York,  then  the  name  of  a  person  for 
clerk  of  said  city,  and  the  name  of  a  person  for 
register  of  said  city,]  or  such  and  so  many  of  them 
respectively  as  are  then  to  be  chosen,  and  such  elec- 
tor shall  think  proper  to  vote  for,  severally  written 
or  printed,  or  partly  written  and  partly  printed,  on 
the  same  paper  ticket,  and  distinguishing  who  is  or 
are  voted  for,  as  member  or  members  of  assembly, 
sheriff,  clerk,  and  coroners,  of  said  county  :  [and  in 
the  city  of  New- York,  for  clerk  and  register  of  said 
city  ;]  and  the  said  paper  ticket  shall  be  so  folded 
or  closed  as  to  conceal  the  contents  thereof ;  and  on 
the  receipt  of  every  ballot  or  ticket  for  members  of 
assembly,  sheriff,  clerk,  and  coroners  of  counties,  [and 


86 


in  the  city  of  New- York  for  clerk  and  register  of  said 
city,]  or  any  of  them,  the  inspectors  shall  cause  the 
name  of  the  elector  to  be  written  in  the  books  or  poll 
lists  kept  for  the  officers  voted  for  on  such  ballot,  by 
all  the  clerks  ;  and  shall  cause  the  ballot,  without  suf 
fering  the  same  to  be  inspected,  to  be  put  into  a  box 
to  be  provided  for  the  purpose  of  receiving  the  said 
votes  with  a  sufficient  lock  thereto  ;  which  shall  be 
locked,  kept,  and  disposed  of,  in  the  same  manner 
as  the  box  for  receiving  the  ballots  for  governor, 
.  lieutenant-governor,  and  senators,  above  mentioned, 
on  ad-     jin(i  furtfier,  That  on  every  adjournment  of  the  poll, 
poii  lists  to  all  the  clerks'  books  or  poll  lists  shall  be  carefully 
ed  ancipaut  comPared  in  the  presence  of  the  inspectors,  and  any 
in  the  boxes  mistake  in  either  of  them  shall  be  corrected  accor- 
&c.  and    j|nor  to  the  judgment  of  a  majority  of  the  inspectors  : 

now  secur-        o  j      <_>  j        j  x 

ed  whereupon  the  boxes  shall  be  opened,  the  proper 
books  or  poll  lists  put  into  them  respectively,  and 
the  boxes  then  locked,  with  the  books  or  poll  lists 
therein,  and  the  keys  delivered  to  such  one  of  the 
inspectors  as  the  majority  of  them  shall  appoint,  and 
the  seal  or  seals  of  one  or  more  of  the  inspectors, 
shall  be  put  upon  the  said  boxes,  so  as  to  cover  the 
holes  in  the  lids  thereof,  and  the  boxes  shall  then  be 
delivered  to  such  other  of  the  inspectors  attending 
such  election,  as  a  majority  of  them  shall  direct,  who 
shall  carefully  keep  the  same,  and  shall,  without  suf- 
fering the  same  to  be  opened,  or  the  said  seals  to  be 
broken  or  removed,  deliver  the  same  boxes  in  at  the 
election  table,  at  the  next  opening  of  the  poll,  in  the 
presence  of  all  the  spectators  attending  on  the  said 
election ;  when  and  where  the  said  seals  shall  be 
broken  and  the  boxes  opened,  and  the  poll  books  or 
lists  taken  out,  and  the  boxes  again  locked,  in  order 
to  proceed  in  the  said  election,  which  course  shall 
be  observed  and  pursued  until  the  poll  be  closed. 

Thonged  VIII.  And  be  it  further  enacted,  That  whenever 
or  suspect-  any  person  shall  present  himself  to  give  his  vote  or 
voterTt°0be  ballot  at  any  such  election,  for  any  of  the  officers 


87 


mentioned  in  this  act,  and  either  of  the  said  inspec-  jj£e0°"hesox 
tors  shall  suspect,  or  any  other  person  entitled  to  vote  prescribed 
for  any  of  the  said  officers,  in  the  same  town  or  ward, 
at  such  election,  shall  challenge  him  to  be  unquali- 
fied for  the  purpose,  the  inspector  shall  tender  and 
administer  to  him  the  following  oath :    [Here  follows 
the  oath.   We  have  placed  it  among  the  forms*]  Jlnd^J^m 
further,  That  the  inspectors  of  every  such  election  Jj™^*16 
shall  have  at  such  poll,  a  copy  of  the  aforesaid  oath,  for^of 
printed  or  written  out  in  a  fair  hand,  and  in  such  man- oath  at  the 
ner  as  to  embrace  each  of  the  several  alternatives  or  p°  s 
qualifications  therein  mentioned,  in  a  distinct  and  se- 
parate form  ;  and  the  person  offering  his  vote,  and 
being  suspected  or  challenged  as  aforesaid,  shall  and 
may  declare,  if  he  shall  object  to  taking  the  whole 
oath  as  set  out  in  this  section,  what  are  his  particular 
qualifications,  and  which  branch  of  the  said  oath  he  is  Votertose- 
willing  to  take,  and  thereupon  the  said  inspectors,  oriectthe 
one  of  them,  shall  administer  to  the  person  so  offer- ^hewili 
ing  his  vote,  that  part  of  said  oath  which  shall  em-  inspectors 
brace  his  particular  qualifications,  without  adminis-  re™ 
tering  the  whole  oath  set  out  as  aforesaid,  and  there-  ceivethe 
upon  the  said  inspectors  shall  receive  the  vote  ofvote 
the  person  so  taking  the  oath  as  aforesaid  ;  and  in 
case  such  elector  shall  refuse  to  take  such  oath  or 
affirmation  in  one  of  the  forms  herein  prescribed,  he 
shall  lose  his  vote  at  the  said  election.    And  when- Meu  of  cl- 
ever any  man  of  colour  shall  present  himself  to  give [hefono^ 
his  vote  or  ballot  at  any  such  election,  for  any  of  the  in§ oalli 
officers  aforesaid,  who  shall  be  suspected  or  chal- 
lenged as  before  prescribed,  the  inspectors  shall 
tender  and  administer  to  him  the  following  oath  or 
affirmation,  viz :  [Here  follows  the  oath;  which  toe 
have  placed  among  the  forms,  and  a  provision  making 
false  swearing  perjury,  4*c. ;  as  to  which  see  ante  p. 
537.] 

IX.  And  be  it  further  enacted,  That  after  finally  FJ^ei' 
closing  the  poll  of  any  suck  election,  the  inspectors  sptctorsaV 
of  the.  several  towns  [and  wards]  shall  proceed,  with-  cX°*H 


88 


out  delay,  publicly  to  open  the  box  or  boxes  contain- 
ing the  said  ballots,  and  first  count  the  said  ballots 
unopened  ;  and  if  the  number  of  ballots  in  any  box 
shall  exceed  the  number  of  electors  contained  in  the 
poll  lists,  the  said  inspectors  shall  draw  out  and  de- 
stroy, unopened,  so  many  of  the  said  ballots  as  shall 
amount -to  the  excess;  and  such  numbers  agreeing, 
or  being  so  made  to4  agree,  the  said  inspectors  shall 
proceed  to  canvass  and  estimate  the  said  ballots ; 
and  if  two  or  more  ballots  are  found  folded  or  rolled 
up  together,  none  of  the  ballots  so  folded  or  rolled 
shall  be  estimated;  and  the  said  inspectors  shall  com- 
plete the  said  canvass  and  estimate  on  the  day  sub- 
To  set   sequent  to  the  closing  the  poll,  or  sooner ;  and  there- 
riown  the  upon  shall  set  down,  in  writing,  the  names  of  the  sev- 
caDvlT^  6  eral  candidates  voted  for  at  any  such  election,  either 
as  governor,  lieutenant-governor,  senators,  represen- 
tatives in  the  congress  of  the  United  States,  mem- 
bers of  assembly,  sheriffs,  coroners,  and  clerks  of 
counties,  [including  the  register  and  clerk  of  the 
city  and  county  of  New- York,]  with  the  number  of 
votes  in  words  at  full  length,  given  for  any  such  can- 
didate, at  any  such  election,  for  either  of  the  said 
offices,  and  shall  certify  and  subscribe  their  own 
proper  names  thereto ;  and  the  said  inspectors  shall, 
by  one  of  their  number  to  be  appointed  by  a  major- 
ity of  them,  within  two  days  thereafter,  cause  to  be 
delivered  to  the  town  clerk  of  the  town  in  which 
such  ballots  shall  be  taken,  one  copy  of  the  said  state- 
ment, so  certified  by  them  as  aforesaid,  to  be  by 
him  entered  of  record  in  his  office,  in  some  proper 
and  then  book  to  be  provided  for  that  purpose.    And  further, 
destroy  poii  That  immediately  upon  the  said  inspectors,  at  any 
baiiott?    such  election,  making  and  subscribing  such  state- 
ments or  certificates  as  aforesaid,  they  shall  destroy 
all  the  poll  books  and  ballots  made  and  taken  at  any 
such  election. 

The  inspec  X.  And  be  it  further  enacted,  That  one  of  the  said 
.hoose^one  inspectors  of  election,  who  shall  actually  preside  al 


89 


such  election,  in  each  of  the  towns  [and  wards]  of  j^hft£ 
this  state,  to  be  appointed  for  that  purpose  by  a  major  sideVtX6 
part  of  the  said  inspectors  who  shall  so  preside,  gjj^Jj"^ 
shall,  on  the  Tuesday  next  following  the  said  elec-  such  presui 
tion,  on  or  before  one  of  the  o'clock  in  the  afternoon  jjjs 
of  that  day,  attend  at  the  clerk's  office  of  the  county 
in  which  such  election  shall  be  holden,  and  shall,  in 
person,  deliver  to  the  said  clerk,  at  the  office,  or  to 
his  deputy,  or  to  the  keeper  of  the  said  office,  a  true 
copy  of  the  said  statement  of  votes  so  given  at  the 
election  in  the  said  town  or  ward  of  which  he  was 
inspector,  certified  by  him  and  the  other  inspectors 
aforesaid ;  and  it  shall  be  the  duty  of  the  said  in-   Board  ojf 
spectors,  who  shall  so  attend,  or  of  so  many  of  them  c°unty,cau 

r  »  »  V  vassershow 

as  shall  attend  lor  the  purposes  aloresaid,  at  the  arranged, 
clerk's  office  as  aforesaid,  and  the  county  clerk,  as  *"df£enieer 
soon  as  the  votes  from  all  the  towns  and  wards  in  cicrk'eoftice 
said  county,  have  been  delivered  as  aforesaid,  or  if  Jy^en((joun 
the  votes  of  any  of  the  said  towns  and  wards  shall  their  dun. 
not  have  been  delivered  as  aforesaid  by  the  hour  of 
four  o'clock  in  the  afternoon  of  the  said  day,  then 
immediately  thereafter  to  form  themselves  into  a 
board  of  canvassers,  and  appoint  one  of  their  num- 
ber chairman ;  and  the  clerk  of  the  county,  or  in  his 
absence  the  deputy  clerk,  when  present,  shall  always 
be  secretary  of  said  board,  and  shall  have  an  equal 
voice  with  any  other  member  of  the  said  board;*  and 
the  said  board,  being  so  organized,  shall  proceed  to 
calculate  and  ascertain  the  whole  number  of  votes 
which  shall  be  given  at  such  election,  in  said  coun- 
ty, for  the  several  persons  who  shall  be  voted  for  as 
governor,  lieutenant-governor,  senators,  representa- 
tives in  the  congress  of  the  United  States,  or  so  > 
many  of  the  said  officers  as  shall  be  voted  for;  and 
shall  set  down  in  writing  the  names  of  the  several 
candidates  so  voted  for  at  any  such  election  for  any 
of  the  offices  aforesaid,  and  the  number  of  votes  in 
words  written  at  full  length,  which  shall  be  given  for 

*  The  clerk  is  so  often  a  candidate  for  re-election,  that  we  liave  omitted  this 
clause'. 

12 


90 


any  such  candidate  at  any  such  election,  in  the  said 
county,  and  shall  certify  the  same  to  be  a  true  can- 
vass of  the  votes  given  in  said  county,  for  the  seve- 
ral officers  above  mentioned,  and  have  the  said  cer- 
cificate  signed  by  the  said  chairman  and  secretary  of 
comuy  °f  tne  sa^  board ;  which  said  certificate  shall  be  re- 
cierk,  and  corded  by  the  said  county  clerk,  at  full  length,  in 
dutyof  the  some  ProPer  book  to  be  by  him  provided  for  that 
board  of   purpose  ;  and  the  said  board  of  canvassers  shall  in 
canvassers        manner  proceed  to  calculate  and  ascertain  the 
aggregate  amount  or  whole  number  of  votes  given 
for  the  respective  candidates  voted  for  as  members 
of  assembly,  sheriff,  clerk  of  the  county,  coroners, 
[and  the  clerk  and  register  of  the  city  and  county  of 
New-York,]  respectively,  at  any  such  election,  and 
shall  thereupon  determine  conformable  to  such  state- 
ment or  certificates  delivered  by  the  inspectors  of 
election  of  the  several  towns  [and  wards]  in  said 
county  as  aforesaid,  upon  the  person  or  persons  duly 
elected  by  the  greatest  number  of  votes  in  said  coun- 
ty, as  member  or  members  of  assembly  for  such 
county,  and  upon  the  person  duly  elected  by  the 
greatest  number  of  votes,  in  said  county,  as  sheriff 
of  said  county,  and  upon  the  persons  duly  elected, 
by  the  greatest  number  of  votes,  in  said  county,  as 
coroners  of  said  county,  and  upon  the  person  duly 
elected  by  the  greatest  number  of  votes,  in  said  coun- 
ty, as  clerk  of  said  county,  [and  in  the  city  and  coun- 
ty of  New-York,  upon  the  person  duly  elected  by 
the  greatest  number  of  votes,  in  said  city  and  coun- 
ty, as  clerk  of  the  said  city  and  county,  and  also  upon 
the  person  duly  elected  by  the  greatest  number  of 
votes,  in  said  city  and  county,  as  register  of  said  city 
Proceed  and  county ;]  and  shall,  without  delay,  make  and 
signed  by  cause  to  be  subscribed  by  their  chairman  and  sec- 
chairman  retary,  with  their  proper  names  and  hand  writing,  a 
tary  and'"  certificate  of  such  determination,  and  shall  cause  the 
published,  same  to  be  recorded  in  some  proper  book,  kept  in 
the  said  county  clerk's  office  for  that  purpose,  and 
without  delay  cause  to  be  delivered  a  true  copy  there- 


91 


of,  so  subscribed  as  aforesaid,  to  each  of  the  per- 
sons so  elected;  and  shall  also  cause  such  certifi- 
cate to  be  published  in  the  newspapers  published  in 
said  county,  or  such  of  them  as  they  think  proper, 
with  a  statement  subjoined  thereto,  and  subscribed 
by  the  chairman  and  secretary  of  the  said  board  of 
canvassers,  of  the  votes  given  for  every  person  in 
said  county  voted  for  at  such  election  for  any  of  the 
said  offices  mentioned  in  either  of  the  before  men- 
tioned certificates. 

XI.  And  he  it  further  enacted,  That  the  county  ce  rtificates 
clerk  of  each  of  the  counties  of  this  state,  or  in  his  ^  ^ "ecor- 
absence,  the  deputy  clerk,  shall,  immediately  after  ded,  and 
the  votes  of  the  said  county  have  been  canvassed  as  ™^hees  ^ 
aforesaid,  and  the  certificates  of  such  canvass  signed  ernor,  se~- 
as  aforesaid,  shall  have  been  delivered  to  him,  re-  and 
cord  the  said  certificates  in  some  proper  book,  to  be  comptroller 
kept  in  his  office,  as  a  part  of  the  public  records  of 
the  said  county,  and  shall  immediately  thereupon 
make  out  three  certified  copies  of  both  the  said  cer- 
tificates mentioned  in  the  next  preceding  section  of 
this  act,  and  subscribe  the  same  with  his  own  pro- 
per name  and  hand  writing,  and  affix  thereto  his  seal 
of  office ;  one  of  which  said  copies  he  shall  inclose 
and  send  by  mail  to  the  person  administering  the 
government  of  this  state,  and  one  other  of  the  said 
copies  he  shall  in  like  manner  inclose  and  send  by 
mail  to  the  secretary  of  this  state,  and  the  other  copy 
he  shall  in  like  manner  inclose  and  send  by  mail  to 
the  comptroller  of  this  state,  each  of  which  copies 
shall  be  inclosed  and  forwarded  by  mail  as  aforesaid, 
before  the  third  Monday  of  November  in  each  year. 
And  further >  That  the  secretary  of  state,  when  he   Duty  oi 
shall  so  receive  any  such  certified  copies  of  such  j."^*7 
canvass  as  aforesaid,  shall  file  the  same  of  record  in  °  ?ae 
his  office,  and  cause  the  same  to  be  recorded  in  some 
proper  book  to  be  provided  for  that  purpose ;  and  in 
case  the  said  secretary  shall  not  receive  such  cer- 
tified copies  of  such  certificates  from  all  the  coun- 


92 


ties  of  this  state,  on  or  before  the  last  day  of  Novem- 
ber, it  shall  be  his  duty  to  call  on  the  person  admin- 
istering the  government  of  this  state,  and  on  the 
comptroller,  and  ascertain  whether  either  of  them 
has  received  such  certified  copies  of  the  said  can- 
vass as  aforesaid ;  and  in  case  either  the  person  ad- 
ministering the  government  of  this  state,  or  the  comp- 
troller, shall  have  received  such  certified  copies,  it 
shall  be  the  duty  of  the  secretary  to  receive  the  same, 
and  file  them  of  record,  and  record  them  in  his  office 
when  to  in  manner  aforesaid ;  but  in  case  it  shall  so  happen, 
ciafmLten tnat  there  shall  be  any  one  or  more  counties  of  this 
gers  to  the  state,  from  which  neither  the  person  administering 
lieikl.     tne  government  of  this  state,  or  the  secretary  of  state, 
or  the  comptroller,  shall  have  received  such  certified 
copies  of  such  canvass  as  aforesaid,  on  or  before 
the  last  day  of  November  in  any  year,  it  shall  be  the 
duty  of  the  said  secretary  to  send  a  special  messen- 
ger or  messengers,  to  such  county  or  counties  as 
shall  not  have  forwarded  such  certified  copies  of  the 
said  canvass,  by  mail  as  aforesaid,  or  from  which 
such  copies  shall  not  have  been  received,  to  demand 
such  certified  copies  from  the  clerk  of  such  county 
or  counties  as  shall  not  have  forwarded  them  in  man- 
ner aforesaid ;  and  it  shall  be  the  duty  of  any  such 
clerk  immediately,  on  demand  of  such  messenger 
being  made  at  his  office,  to  make  out  and  deliver  to 
such  messenger  such  certified  copies  of  the  said 
canvass  as  is  above  mentioned,  which  said  copies 
the  said  messenger  shall  deliver  to  the  secretary  of 
state  as  soon  as  may  be,  to  be  filed  and  recorded  as 
aforesaid. 


Disorderly      XII.  And  be  it  further  enacted,  That  if  any  per- 
theSpoiLat  son  sna^  ^e  guilty  of  any  disorderly  conduct  at  any 
maybecom  election  by  this  act  directed,  or  during  the  time  of 
mitted  to  tne  canvass  and  estimate  aforesaid,  or  of  using  in- 
direct,  sinister,  or  corrupt  means  to  influence  any 
elector  or  electors,  in  giving  in  his  or  their  ballots, 
the  major  part  of  the  inspectors  at  such  election,  are 


93 


hereby  authorised  and  required  to  commit  the  offen- 
der to  the  gaol  of  the  county,  there  to  remain  for  a 
space  not  exceeding  thirty  days;  and  all  sheriffs, 
under  sheriffs,  constables,  and  gaolers,  are  hereby 
strictly  charged  and  required  to  aid  and  obey  the 
inspectors  herein. 

XIII.  And  be  it  further  enacted,  That  such  certi-  ^rscal] 
fied  copies  having  been  received  by  the  secretary  of  their  duty 
this  state,  from  the  clerks  of  the  respective  counties,  ™  ca^ass 
shall  remain  in  his  office  of  record ;  and  the  said ms' 
secretary  shall,  on  or  before  the  fifteenth  day  of  De- 
cember in  the  same  year,  in  conjunction  with  the 
surveyor-general,  attorney-general,  comptroller,  and 
treasurer  of  this  state,  whose  duty  it  shall  be  to  give 
their  attendance  at  the  secretary's  office,  on  a  day 
to  be  notified  to  them  for  that  purpose,  by  such  sec- 
retary, proceed  to  calculate  and  ascertain  the  aggre- 
gate amount  or  whole  number  of  votes  given  at  such 
election  for  governor,  lieutenant-governor,  for  sena- 
tors or  for  representatives  in  the  congress  of  the 
United  States;  and  the  said  secretary,  surveyor- 
general,  attorney-general,  comptroller,  and  treasurer, 
shall  thereupon,  and  within  six  days  after  such  meet- 
ing, determine  conformable  to  such  certified  copies, 
the  person  duly  elected  by  the  greatest  number  of 
votes  to  either  of  the  said  offices,  and  without  delay 
make  and  subscribe,  with  their  proper  names  and 
hand  writing,  a  certificate  of  such  determination,  and 
enter  the  same  in  a  book  to  be  kept  for  that  purpose 
in  the  secretary's  office,  and,  without  delay,  cause  to 
be  delivered  a  true  copy  thereof,  so  subscribed  as 
aforesaid,  to  each  of  the  persons  so  elected,  and  to 
the  person  administering  the  government  of  this  state, 
and  a  copy  of  the  certificate  of  the  members  elected 
as  representatives  in  the  congress  of  the  United 
States,  subscribed  by  them  as  aforesaid,  shall  be  sent 
to  the  house  of  representatives  of  said  congress,  of 
which  such  person  shall  be  elected  a  member,  at 
their  first  meeting  thereafter,  and  shall  cause  such 


94 


certificate  to  be  published  in  one  of  the  public  news- 
papers printed  in  each  of  the  senate  districts  of  this 
state,  with  a  statement  subjoined  thereto,  and  sub- 
scribed by  the  said  secretary,  surveyor-general,  at- 
torney-general, comptroller,  and  treasurer,  of  the 
votes  given  for  every  person  voted  for  at  such  elec- 
tion, in  the  several  counties  of  this  state,  for  any  of 
the  said  offices,  as  by  the  said  certified  copies  return- 
ed by  the  clerks  of  the  said  counties  respectively  may 
appear. 

in  what  XIV.  And  be  it  further  enacted^  That  if  either  the 
judgeTof  said  secretary,  surveyor-general,  attorney-general, 
sup.  court  comptroller  or  treasurer,  or  any  two  of  them,  shall 
*heCvotVeasss  neglect,  or  by  death  or  otherwise  be  prevented  from 
discharging  the  duties  enjoined  on  them  by  this  act, 
then  it  shall  be  lawful  of  the  other  of  the  said  offi- 
cers to  perform  the  same ;  and  if  any  three  of  said 
officers  shall  neglect  or  be  prevented  as  aforesaid 
from  discharging  the  said  duties,  in  that  case  it  shall 
be  lawful  for  any  two  of  the  justices  of  the  supreme 
court  of  judicature  of  this  state,  and  they  are  hereby 
required,  on  notice  to  be  given  them  for  that  purpose 
by  the  person  administering  the  government  of  this 
state,  to  attend  without  delay  at  the  said  secretary's 
office,  and  in  conjunction  with  either  the  said  secre- 
tary, surveyor-general,  attorney-general,  comptroller, 
or  treasurer,  who  may  convene  with  them  for  that 
purpose,  to  do  and  perform  the  respective  duties 
enjoined  upon  the  secretary,  surveyor-general,  at- 
torney-general, comptroller,  and  treasurer  of  this 
state,  by  virtue  of  this  act ;  and  all  questions  which 
may  arise  in  the  canvass,  estimate  or  calculation  of 
the  votes  given  at  any  such  election  under  this  act, 
shall  be  determined  by  the  opinion  of  a  majority  of 
the  persons  composing  the  board  of  canvass,  esti- 
mate or  calculation,  as  the  case  may  be  ;  and  the 
oath  of  said  secretary,  surveyor-general,  attorney-general, 
comptroller  and  treasurer,  or  justices  of  the  supreme 
court  as  the  case  may  be,  shall,  before  they  enter 


state  can 
vassers. 


95 

upon  the  said  duties  enjoined  upon  them,  severally 
take  and  subscribe,  before  the  chancellor  or  one  of 
the  justices  of  the  said  supreme  court,  or  a  master 
in  chancery,  or  the  recorder  of  the  city  of  Albany, 
an  oath,  that  he  will  in  all  things  faithfully,  honestly 
and  impartially  discharge  the  duties  enjoined  upon 
him  by  the  act,  entitled  "  An  act  for  regulating  elec- 
tions," which  said  oath  shall  be  entered  of  record 
in  the  secretary's  office. 

XV.  [This  section  provided,  that  when  a  senator  was  chosen  to  supply  a  va- 
cancy occasioned  by  death,  &c.  it  should  not  be  necessary  to  designate  on  the 
ballot  who  was  voted  for  to  supply  such  vacancy;  but  the  person  elected  hav- 
ing the  greatest  number  of  votes,  should  serve  the  longest  term.  This  §  was 
repealed  by  the  act  of  the  12th  April,  1824,  (Laws  of  1824,  p.  317,)  which  pro- 
vides that  the  senate  shall  decide  by  lot  who  shall  serve  the  longest  term. — 
Thinking  both  these  modes  objectionable,  we  have  proposed  in  Tit.  4,  Art.  2.  §  5, 
{ante  p.  35,)  that  the  elector  shall  designate  the  person  whom  he  intends  to  sup- 
ply the  vacancy.] 

XVI.  [Contains  an  enumeration  and  description  of  the  several  congress  dis- 
tricts, and  has  been  incorporated  in  Chapter  II.] 


XVII.  And  be  it  further  enacted,  That  the  next  Members  o' 
general  election  for  such  representatives,  for  the£°n^^° 
term  of  two  years,  commencing  on  the  fourth  day  of  istMonday 
March,  one  thousand  eight  hundred  and  twenty- 1822°  and 
three,  shall  be  holden  on  the  first  Monday  of  Novem-  every  2d 
ber,  one  thousand  eight  hundred  and  twenty-two, year  after 
and  the  next  two  succeeding  days,  in  the  manner 

and  form  prescribed  by  this  act ;  and  the  subsequent 
general  elections  for  such  representatives  shall  be 
on  the  first  Monday  of  November,  and  the  two  days 
succeeding,  in  every  second  year  thereafter ;  and 
every  such  election  shall  be  conducted  according  to 
the  provisions  of  this  act  in  all  respects  ;  and  that  at 
every  such  election,  the  number  of  persons  shall  be 
elected  as  representatives  in  the  house  of  represen- 
tatives in  the  congress  of  the  United  States,  in  each 
of  the  said  districts,  which  in  the  next  preceding 
section  of  this  act  is  assigned  to  said  district.  Vacancies 

XVIII.  And  be  it  further  enacted,  That  in  case  tfjj^iSjE 
any  vacancy  by  death  or  otherwise,  in  said  office  of  of  congress 

how  filled 


96 


representative  in  the  house  of  representatives  in  the 
congress  of  the  United  States,  before  or  between 
any  of  the  said  general  elections,  it  shall  be  the  duty 
of  the  person  administering  the  government  of  this 
state,  by  proclamation,  to  give  notice  thereof,  and 
therein  specify  in  which  of  the  said  districts  the  per- 
son or  persons  are  to  be  elected  to  fill  such  vacancy ; 
and  appoint  a  day,  not  less  than  forty,  nor  more  than 
sixty  days  from  the  day  of  the  publication  of  such  pro- 
clamation, for  holding  an  election  in  such  district  to 
fill  such  vacancy,  and  cause  a  copy  of  such  procla- 
mation to  be  delivered  to  the  sheriff  of  every  county 
belonging  wholly  or  in  part  to  such  district ;  and 
every  such  sheriff  shall  thereupon  give  notice  in  writ- 
ing of  such  election,  to  one  of  the  said  inspectors  of 
election,  in  each  town  or  ward  of  such  district  in  his 
county,  within  eight  days  after  receiving  such  pro- 
clamation :  and  each  of  the  said  inspectors  shall  im- 
mediately give  notice  thereof,  to  the  other  inspectors 
of  the  same  town  or  ward  ;  and  thereupon,  the  inspec- 
tors of  every  such  town  or  ward,  or  the  major  part  of 
them,  shall,  without  delay,  convene  together,  and  by 
writing  under  their  hands,  to  be  fixed  up  in  at  least 
five  of  the  most  public  places  in  such  town  or  ward, 
give  eight  days  notice  of  the  time  and  place,  or  times 
and  places  of  holding  such  election  within  the  same ; 
and  at  every  such  election,  a  person  or  persons  quali- 
fied as  aforesaid,  shall  be  elected  in  such  district  to  fill 
such  vacancy,  bv  the  inhabitants  thereof,  qualified  to 
vote  as  aforesaid  ;  and  such  election  shall  be  held  and 
conducted,  and  the  ballots  thereof  canvassed  and  esti- 
mated, certified,  returned  and  calculated,  in  the  same 
manner,  by  the  same  persons  respectively,  and  within 
the  same  time  as  in  the  case  of  a  general  election  for 
such  representatives  ;  and  the  result  thereof  shall  be 
determined  in  like  manner  by  the  same  persons,  after 
all  the  certificates  of  votes  shall  be  returned  to  the  se- 
cretary's office,  or  so  many  of  them  as  shall  be  return- 
ed within  thirty-five  days  from  the  day  appointed  by 
the  proclamation  for  holding  such  election  $  and  the 


97 


like  certificate  of  the  person  elected  shall  be  made  and 
subscribed,  and  entered  in  the  said  book  in  the  secre- 
tary's office,  and  copies  thereof  delivered  and  publish- 
ed, with  the  like  statement  of  the  votes,  as  in  the  case 
of  a  general  election  of  such  representatives. 

XIX.  [Imposes  penalties  on  state  canvassers  for  any  misconduct,  and  is 
omitted  for  reasons  stated  in  the  note  page  53.] 

XX.  [Imposes  penalties  on  persons  guilty  of  bribery,  &c] 

XXI.  [Provides  that  militia  shall  not  be  ordered  out  during  election,  and 
imposes  penalty.] 

XXII.  And  be  it  further  enacted,  That  it  shall  not Civil  piq- 

,      ,       «  ,  „  .    .  «  •  cess  not  to 

be  lawtul  tor  any  officer  or  minister  ot  justice  to  serve  be  served, 
any  civil  process  in  any  [city  or]  town  in  this  state,  &c 
on  any  person  entitled  to  vote  at  any  election  to  be 
held  by  virtue  of  this  act,  between  the  day  preceding 
such  election,  and  the  day  subsequent  to  the  closing  of 
the  poll  thereof,  in  such  town  [or  ward.] 

XXIII.  [And  be  it  further  enacted,  That  each  of Hudson  & 
the  cities  of  Hudson  and  Troy  shall  be  considered  as  ^towns'"1 
a  town  for  all  the  purposes  contemplated  by  this  act.] 

XXIV.  And  be  it  further  enacted,  That  it  shall  Majority  of 
and  may  be  lawful  for  a  majority  of  the  inspectors  of  j^^T3 
any  election  to  be  held  in  pursuance  of  this  act,  to  do 

and  execute  all  and  singular,  the  trusts  and  duties  here- 
in before  required  to  be  done  and  executed  by  the  in- 
spectors of  any  such  election. 

XXV.  And  be  it  further  enacted,  That  no  person  c 
who  has  heretofore  been  convicted  of  any  infamous 
crime,  or  who  hereafter  shall  be  convicted  of  any  in- 
famous crime,  shall  be  permitted  to  vote  at  any  elec- 
tion by  this  act  directed  to  be  holden. 

XXVI.  [Provides  for  defraying  the  expenses  of  special  messengers,  and  is  re- 
ferred to  Chapter  VI.] 

XXVII.  [Provides  for  payment  of  county  clerks^  and  will  be  incorporated  in 
Chapter  VIII.] 

XXVIII.  [Resignation  of  a  senator — referred  to  Chapter  IV.] 

XXIX.  [Repeals  former  laws.] 

XXX.  [Temporary.] 

13 


onvicts 
not  to  vote 


98 


2u.l.u,  AN  ACT  RELATIVE  TO  THE  DUTIES  AND 

PRIVILEGES  OF  TOWNS. 

Passed  March  19,  1813. 

Town  officers  L  BE  it  enacted  by  the  People  of  the  State  of  New-* 
how  to  be  \  0)  'k,  represented  in  Senate  and  Assembly,  That  the 
freeholders  and  inhabitants  of  the  several  towns  in 
this  state  who  are  or  shall  be  qualified  by  law  to  vote 
at  town  meetings,  shall  assemble  together  and  hold 
town  meetings  in  their  respective  towns  on  the  first 
Tuesday  in  April  in  every  year,  and  then  and  there 
choose  one  supervisor,  one  town  clerk,  not  less  than 
three  nor  more  than  five  assessors,  one  or  more  col- 
lectors, each  of  whom  shall  be  liable  only  for  the 
monies  which  they  are  respectively  directed  to  col- 
lect, in  such  parts  of  the  town  as  shall  be  assigned  to 
them  by  the  supervisor,  two  overseers  of  the  poor, 
and  three  commissioners  of  highways  for  the  same 
town,  each  of  which  town  officers  before  mentioned 
shall  be  a  freeholder  and  inhabitant  of  the  same  town ; 
and  so  many  constables,  fence- viewers  and  pound- 
masters  for  the  same  town,  being  inhabitants  of  the 
same  town,  as  to  the  freeholders  and  inhabitants  of 
said  town  so  met,  or  the  major  part  of  them,  shall 
seem  necessary  and  convenient ;  and  as  many  over- 
seers of  highways  as  there  are  road  districts  in.  each 
of  the  towns  respectively,  except  in  the  counties  of 
Suffolk,  Queens,  Kings  and  Richmond;  and  the 
freeholders  and  inhabitants  of  the  several  towns  in 
those  counties  to  choose  as  many  overseers  of  high- 
ways as  they  shall  deem  necessary  and  convenient; 
which  said  several  officers  shall  hold  their  respec- 
tive offices  for  one  year,  and  until  others  shall  be 
chosen  in  their  places ;  and  the  said  supervisor,  town 
clerk,  assessors,  collectors,  overseers  of  the  poor, 
commissioner  of  highways  and  constables,  shall  be 
chosen  by  ballot,  and  in  case  any  of  the  officers  so 
chosen  in  any  such  town  shall  refuse  to  serve,  or  die, 
or  remove  out  of  the  town,  or  become  incapable  of 


99 


serving,  before  the  next  annual  town  meeting,  then 
and  in  every  such  case  it  shall  be  lawful  for  the  free- 
holders and  inhabitants  of  such  town  to  supply  every 
such  vacancy  in  manner  aforesaid,  at  a  special  town 
meeting  to  be  notified  and  held  for  that  purpose  in 
the  manner  herein  after  directed :  Provided  always,  S^fe^SE 
That  every  collector  chosen  or  appointed  in  aSyJyX?^ 
such  town,  or  in  any  of  the  wards  of  any  city  in  this  JjSJjSSS 
state,  shall,  before  he  enters  upon  the  duties  of  his feofeithfilllT 
office,  and  within  eight  days  after  he  shall  have  re- 
ceived notice  from  the  supervisor  of  the  amount  of 
the  tax  list,  execute  to  the  supervisor  of  such  town 
or  ward,  a  bond,  with  one  or  more  sureties  to  be  ap- 
proved of  by  the  supervisor  of  such  town,  in  double 
the  amount  of  the  taxes  to  be  collected  by  such  col- 
lector, and  conditioned  for  the  due  and  faithful  exe- 
cution of  the  duties  of  his  office,  which  bond,  so  ta- 
ken and  approved  of  by  the  supervisor  of  such  town 
or  ward,  shall  be  lodged  with  the  said  supervisor ;  Bond,  wbew 
and  in  case  such  bond  shall  become  forfeited,  and ,odstd' 
the  amount  of  the  tax  list  cannot  be  recovered 
from  such  collector  in  pursuance  of  the  section  of 
the  act,  entitled  "  an  act  for  the  assessment  and  col- 
lection of  taxes,"  it  shall  then  be  the  duty  of  the  trea- 
surer of  the  county  to  give  notice  to  the  supervisor 
with  whom  such  bond  is  lodged,  of  the  amount  due 
from  the  said  collector,  and  the  said  supervisor  shall  Bond  *he« 
then  cause  the  said  bond  to  be  put  in  suit,  and  shall 
be  entitled  to  recover  thereon  the  amount  due  from 
such  collector,  with  costs  of  suit ;  which  sum  when 
recovered,  shall  by  such  supervisor  be  applied  in  the 
same  manner  and  to  the  same  purposes  to  which 
such  collectors  ought  to  have  applied  the  same:  Jfaul  Further  pro- 
p*ovided  further*  That  every  constable  chosen  or%ls°" 
appointed  in  every  such  town  or  ward  shall,  before  sc00tn0stJ!eSi" 
he  enters  upon  the  duties  of  his  office  and  within  ^Stlt^ 
ten  days  after  his  election  or  appointment,  to  be  ap- tceir  dutICS 
proved  of  by  the  town  clerk  or  by  the  supervisor  of 
such  town  or  ward,  execute  under  their  hands  and 
seals  before  such  supervisor  or  town  clerk,  and  cause 


100 


lerk  or  bu 
pervisor 


A  copy  of  tbe 
instrument 


to  be  filed  in  the  office  of  the  clerk  of  such  town,  an 
instrument  in  writing,  by  which  such  constable  and 
his  sureties  shall  jointly  and  severally  agree  to  pay 
to  each  and  every  person,  such  sum  of  money  as  the 
said  constable  shall  become  liable  to  pay  for  or  on 
account  of  any  execution,  which  shall  be  delivered 
Id  by 7ownV to  such  constable  for  collection;  and  on  which  in- 
strument the  said  town  clerk  or  supervisor  of  such 
town  or  ward  shall  endorse  that  he  approves  of  the 
sureties  therein  named,  and  every  such  constable  and 
aSeSien0Whis  sureties  shall  jointly  and  severally  be  responsible 
i. able.  t0  eacn  an{j  every  person  to  whom  such  constable 
shall  become  liable  to  pay  any  sum  of  money  for  or 
on  account  of  any  execution  which  shall  be  deliver- 
ed to  such  constable  for  collection,  in  the  same  man- 
ner as  such  constable  would  have  been  responsible 
had  this  act  not  been  passed,  [and  a  copy  of  such  in- 
Snc(f"c  strument,  certified  by  the  clerk  of  such  town,  shall 
be  prima  facie  evidence  in  all  courts,  of  the  execu- 
tion of  such  instrument  by  such  constable  and  his 
sureties ;  but  no  person  hereafter  to  be  elected  or 
appointed  a  constable  or  collector  in  any  town  or 
ward  in  this  state,  shall  incur  any  penalty  by  such 
refusal  to  serve  as  is  herein  before  mentioned.] 

Justices  to  II.  And  be  it  further  enacted,  That  for  the  more 
town  meet-  orderly  holding  towrn  meetings,  it  shall  be  and  is  here- 
by made  the  duty  of  the  justices  of  the  peace  for  the 
time  being,  to  attend  at  every  town  meeting  hereaf- 
ter to  be  held  in  and  for  the  town  in  which  they  re- 
spectively reside ;  and  that  the  said  justices  of  the 
peace,  or  such  of  them  as  shall  attend  at  such  meet- 
ing, shall  preside  at,  and  superintend  the  same,  and 
take  care  that  the  business  thereof  be  orderly  and 

And  feter- regularly  conducted;  and  shall  in  case  of  dispute, 

nana  who        ■  o         ,J  '  •  V 

have  the  right  determine,  who  have,  and  who  have  not  a  narnt  to 

to  vote  '  '  .  O 

vote  or  be  elected  at  such  meeting  according  to  law; 
ttf  rc"i°delTn  and  if  no  justice  of  the  peace  shall  reside  in  the  town 
tne  tUTie  °f  holding  such  meeting,  then  the  clerk 
reside,  and  0f  tne  town  who  was  elected  at  the  last  preceding 


101 


if  neither  at- 
wl,  then 


meeting  ;  and  in  case  there  shall  be  no  justice  of  the  t\ 
peace  or  town  clerk  attending  at  any  such  town  meet-  to  bo  chosen 
ing,  then  such  person  as  shall  be  chosen  by  the  free-  „fg.the  n,eet 
holders  and  inhabitants  at  such  meeting  to  preside, 
shall  preside  at  such  meeting,  and  have  and  exercise 
all  the  powers  and  authorities  hereby  vested  in  the 
justices. 


tions  of  vo- 
ters at  town 
meeting. 


III.  And  be  it  further  enacted,  That  every  male  anaMca- 
person  being  a  citizen  oi  this  state,  who  shall  be 
above  the  age  of  twenty-one  years,  and  shall  have 
resided  in  any  town  six  months  next  preceding  such 
town  meeting,  and  paid  taxes  within  the  same,  or 
shall  be  possessed  of  a  freehold,  or  shall  have  rented 
a  tenement  of  the  yearly  value  of  five  dollars,  for  the 
term  of  one  year  within  the  same,  shall  have  a  right 
to  vote  at  such  meeting,  and  no  other  person. 


town  meet 


IV.  And  be  it  further  enacted,  That  no  town  meet-  No 
ing  shall  be  held  longer  than  two  days,  and  shall  i1",!g?rl3,anld 
only  be  held  open  between  sunrise  and  sunset,  and  then  between 
shall  be  held  at  such  place  in  each  town  as  the  free-  VESL and 
holders  and  inhabitants  thereof  at  their  town  meet- 
ing shall  from  time  to  time  appoint. 


V.  And  be  it  further  enacted,  That  if  any  of  the  Vacancies  in 
said  cities  or  towns  shall  neglect  to  choose  such  offi-  hoTeS?9 
cers  as  aforesaid  or  any  of  them,  or  in  case  any  of 
the  officers  so  chosen  in  and  for  any  city  or  town 
shall  refuse  to  serve,  or  die,  or  remove  out  of  the 
city  or  town  for  which  he  shall  be  chosen,  or  become 
incapable  of  serving  before  the  next  annual  town 
meeting  or  election  after  he  shall  be  chosen,  and  the 
city  or  town  for  which  he  was  chosen  shall  not  with- 
in fifteen  days  next  after  such  refusal,  death,  remov- 
al, or  incapacity  happens,  choose  another  in  the  room 
of  such  person  according  to  law ;  in  every  such  case 
it  shall  and  may  be  lawful  for  any  three  of  the  justi- 
ces of  the  peace  in  the  same  county,  residing  in  such 
city,  or  in  or  near  to  such  city  or  town,  and  they  are 


102 


hereby  required  to  nominate,  and  by  warrant  under 
their  hands  and  seals  to  appoint  all  and  every  such 
officers  as  aforesaid,  as  the  freeholders  and  inhabit- 
ants of  the  same  city  or  town  ought  to  have  chosen 
as  aforesaid ;  and  each  of  the  said  officers  so  ap- 
pointed shall  hold  his  office  for  so  long  time,  and  have 
the  same  powers,  and  be  liable  to  the  same  penal- 
ties as  if  he  had  been  elected  to  the  same  office  by 
the  freeholders  and  inhabitants  of  such  city  or  town, 
or  according  to  the  acts  relating  to  the  choice  of 
such  officers  in  any  such  city. 

VI.  And  be  it  further  enacted,  That  each  super- 
ofoffice.     visor?  town-clerk,  assessor,  commissioner  of  high- 
ways, overseer  of  highways,  overseer  of  the  poor, 
constable  and  fence-viewer  hereafter  to  be  elected 
or  appointed  shall,  before  he  enters  upon  the  exe- 
cution of  his  office,  and  within  fifteen  days  after  such 
election  or  appointment,  take  and  subscribe  an  oath 
before  some  justice  of  the  peace  in  the  form  hereaf- 
ter prescribed  for  such  officers  respectively  to  take, 
that  is  to  say :  every  supervisor  shall  take  and  sub- 
■  \        scribe  an  oath  in  the  following  form,  to  wit :  [Here 
mmSL°Bnl\f olio ws  the  oath  of  office.]    And  further,  That  every 
fee o?;vewa°d:  justice  of  the  peace  before  whom  such  oath  shall  be 
taken  and  subscribed  as  aforesaid,  shall,  without  fee 
or  reward,  certify  under  the  same  writing,  the  day 
and  year  when  the  same  oath  was  taken,  and  sub- 
scribe his  name  thereto,  and  then  deliver  the  same 
Sg^Jkln  writing  to  the  person  taking  the  same  oath,  who 
withetheetown  shall,  within  eight  days  thereafter,  transmit,  or  deliv- 
derk  in  eight  er  ^e  same  to  the  clerk  of  the  town  for  which  such 
officer  so  taking  such  oath  was  elected  or  appointed  ; 
and  if  any  supervisor,  assessor,  commissioner  of  high- 
ways, overseer  of  highways,  overseer  of  the  poor, 
constable  or  fence  viewer  of  any  town,  shall  not 
take  and  subscribe  such  oath  as  aforesaid,  and  trans- 
what  acts m^  or  denver  tne  same  to  the  town-clerk  as  afore- 
demand  a^e-  said,  within  the  time  hereby  limited,  or  if  any  collect- 

iusal  to  fill  a  7  i  i        t     n  •  1  •  1 

town  office,  or  or  constable  shall  not  give  such  security  as  is  by 
law  required,  within  the  time  for  that  purpose  limit- 


103 


ed,  then,  and  in  every  such  case,  such  neglect  shall 
be  deemed  a  refusal  to  serve  in  such  office,  and  the 
city  or  town  in  which  such  officer  was  chosen  may 
thereupon  proceed  to  a  new  choice  according  to 
law. 

VII.  And  be  it  further  enacted,  That  it  shall  be  to°™n^ruo 
and  hereby  is  made  the  duty  of  the  clerks  of  the  sev-  tyerthe°  nC^eS 
eral  towns  in  this  state,  on  or  before  the   second  bles  elected 
Tuesday  of  May  after  every  annual  election  for  town  Iorea°  ,0W! 
officers  in  the  respective  towns  of  this  state,  to  trans- 
mit to  the  respective  county  clerks  of  the  county  in 
which  the  respective  towns  are  situate,  a  certified 
copy  of  the  names  of  the  constables  chosen  at  such 
elections  ;  [and  if  any  town-clerk  shall  wilfully  omit 
to  perform  the  duty  hereby  required  of  him,  such  P , 
omission  is  hereby  declared  to  be  a  public  misdemea- 
nor, and  on  conviction  thereof,  the  court,  before 
whom  such  conviction  shall  be  had,  shall  and  may 
adjudge  the  person  convicted  to  pay  a  fine  not  ex- 
ceeding ten  dollars.] 

VIII.  [Imposes penalty  on  certain  town  officers  for  refusing  to  act,  or  acting 
without  being  qualified,  Arc] 

IX.  [Imposes  penalty  on  overseer  of  highways,  and  for  refusiug  to  serve,  or 
serving  without  being  sworn.] 

X.  And  be  it  further  enacted,  That  upon  the  Tw-derk- 
death  or  the  expiration  of  the  office  of  the  town-  ^ttte 
clerk  of  any  town,  all  the  records,  books,  writings SE^T*0 
and  papers,  belonging  to  the  same  office,  shall  be  de- 
livered  to  the  successor  in  office  upon  the  oath  of  the  S.  etc'  on 
preceding  town-clerk,  or  in  case  of  his  death,  upon 

the  oath  of  his  executors  or  administrators  ;  [and  if 
any  such  preceding  town-clerk,  or  his  executors  or 
administrators,  shall  refuse  or  neglect  to  deliver  the 
same  upon  oath  as  aforesaid,  being  lawfully  demand- 
ed, every  such  person  shall  forfeit  to  the  people  of 
this  state  for  every  such  refusal  or  neglect,  the  sum  JgjfJ* foj 
of  two  hundred  and  fifty  dollars,  to  be  recovered  by lccT 
action  of  debt,  or  by  information,  in  any  court  of 


104 


Attorney  gen 
oral  to  sue 
therefor. 


record  ;  and  the  attorney-general  of  this  state  is 
hereby  required  to  sue  for  such  forfeiture,  and  pay 
the  same,  when  recovered,  to  the  treasurer  of  this 
Mode  of  pro-  state,  for  the  use  of  the  people  of  this  state ;  and  in 
dodSga,ld  every  such  action  or  information,  it  shall  be  suffi- 
cient to  set  forth,  that  the  defendant  on  the  day  such 
demand  was  made,  became  indebted  to  the  people 
of  the  state  of  New- York  in  the  sum  of  two  hundred 
and  fifty  dollars,  as  a  forfeiture  incurred  by  reason 
that  the  defendant  did  neglect  and  refuse  to  deliver 
to  the  succeeding  town-clerk,  the  records,  books, 
writings  and  papers,  belonging  to  the  same  office, 
contrary  to  the  form  of  the  act  relative  to  the  duties 
and  privileges  of  towns,  to  be  paid  to  the  people  of 
the  state  of  New- York,  when  he  should  be  thereunto 
required,  and  to  give  the  special  matter  in  evidence.] 

Town  meet     XI.  And  be  it  further  enacted,  That  the  freehold- 
regulations    CTS  and  inhabitants  of  each  of  the  said  towns  are 
hereby  authorised  at  their  respective  annual  town- 
meetings  or  at  any  other  town  meeting  held  for  that 
purpose  in  their  respective  towns  from  time  to  time, 
to  make  such  prudential  rules  and  regulations  as  the 
majority  of  the  freeholders  and  inhabitants  of  such 
towns  respectively  so  assembled  at  their  respective 
town-meetings  and  having  a  right  to  vote  there,  shall 
from  time  to  time  judge  necessary  and  convenient 
7uZ7"     for  the  better  improving  of  their  common  lands  in 
tillage,  pasturage,  or  any  other  reasonable  way,  and 
for  making,  maintaining  and  amending  their  partition 
otheVtbnces  anci  circular  fences  for  their  lands,  gardens,  orchards 
and  meadows,  and  for  ascertaining  and  directing  the 
,   use  and  management  and  the  times  and  manner  of 

Times  and  o 

manner,  &c  usinp-  their  common  lands  and  meadows  and  the 

of  using  com-  o 

meSdowf'&c otner  commons,  and  the  times  places  and  manner  of 
permitting  or  preventing  cattle,  horses,  sheep,  and 
swine,  or  any  of  them  to  go  at  large,  and  for  impound- 
ing all  manner  of  cattle  and  creatures  whatsoever, 

sufficiency  of  and  for  ascertaining  the  sufficiency  of  all  partition 

fences 


concernin 
ihoir 


Uouimon 


Partition  and 


105 


Fence  view 
ers'  fees 


How  recover- 
able 


and  other  fences,  and  for  making  and  maintaining 
such  and  so  many  pounds  and  at  such  places  as  may 
be  necessary  and  convenient,  and  for  ascertaining 
and  limiting  the  fees  to  be  taken  by  the  fence  view- 
ers respectively,  and  to  impose  such  penalties  on  the 
offenders  against  such  rules  and  regulations  or  any 
of  them  as  the  majority  of  such  freeholders  and  in- 
habitants so  assembled  shall  from  time  to  time  deem  Pe!ial!,iosnoi 

exceeding 

proper,  not  exceeding  twelve  dollars  and  fifty  cents  tweijedouus 

Z      ~      \       nr>  ri  i       •  i  r-  and  fifty  centa 

for  each  offence,  [to  De  recovered  with  costs  of  sun 
by  the  supervisor  of  the  town  where  the  offence  shall 
be  committed,  in  the  name  of  the  supervisor  of  such 
town  for  the  use  of  the  same  town  by  action  of  debt 
before  any  justices  of  the  peace  residing  in  any  other 
town  in  the  same  county;  and  no  such  action  shall 
be  abated  or  discontinued  by  the  death  or  expiration    ^ de?th 
of  the  office  of  such  supervisor,  but  may  be  conti-  *zr~  ! 
nued  and  prosecuted  to  effect  by  his  successor  in 
office  ;]  and  all  such  penalties  when  recovered  shall 
be  applied  for  the  use  of  the  town  where  such  offence  Penalties 
shall  be  committed,  in  such  manner  and  for  suchhov  a 
purposes  as  the  freeholders  and  inhabitants  of  the 
same  town  where  such  offence  shall  be  committed, 
at  their  town  meetings  or  the  majority  of  them  there 
assembled  shall  from  time  to  time  direct  and  appoint : 
And  further,  That  all  such  rules  and  regulations  so  Towndwi 
to  be  made  as  aforesaid  in  each  town,  shall  be  re- 

gulations,  &r, 

corded  by  the  town  clerk  of  the  same  town,  in  a 
book  by  him  to  be  provided  for  that  purpose,  and 
shall  remain  in  full  force  until  the  same  shall  be  re- 
voked or  altered  or  new  made  in  the  manner  afore- 
said at  some  subsequent  town-meeting,  all  which 
alterations  and  new  rules  and  regulations  shall  also 
from  time  to  time  be  recorded  as  aforesaid,  and  shall 
continue  in  force  until  revoked,  altered  or  new  made 
as  aforesaid. 

XII.  [Directs  mode  of  proceeding  in  suits  relating  to  common  lands.] 

XIII.  [Makes  freeholders  and  inhabitants  of  the  town  competent  witnesses-] 

14 


106 


Z7w2te     XIV.  And  be  it  farther  enacted,  That  it  shall  be 
bears,  pan-  lawful  for  the  freeholders  and  inhabitants  of  each  at 
cate&fcUxes.  the  said  towns  of  their  respective  annual  town-meet- 
ings, or  at  any  other  town-meeting  held  for  that  pur- 
pose, to  make  such  provisions  and  allow  such  re- 
wards for  the  destruction  of  wolves,  bears,  panthers, 
^Stoa'pre0Tc-  wild-cats  and  foxes,  and  to  direct  such  sum  of  mo- 
defendM  ney  to  be  raised  in  such  town  for  that  purpose,*  and 
rights       for  prosecuting  and  defending  the  common  rights  of 
such  town  as  the  major  part  of  the  freeholders  and 
inhabitants  so  assembled  at  any  such  town-meeting 
how  raised  shall  deem  necessary  and  proper:   which  money 
shall  be  raised  and  levied,  together  with  and  in  the 
same  manner  as  the  money  raised  in  such  town  for 
the  support  of  the  poor  shall  be  raised  and  levied. 

meetings  how  XV.  And  be  it  further  enacted,  That  whenever 
convened    ^  necessary  t0  ^qJ^  a  town-meeting  in  ei- 

ther of  the  said  towns,  or  wards  in  any  of  the  said 
cities,  for  any  of  the  purposes  required  by  this  act, 
at  any  time  between  any  of  the  said  annual  town- 
meetings,  due  notice  thereof  shall  be  given  by  the 
town  clerk,  in  writing  under  his  hand,  specifying  the 
time,  place  and  purposes  of  such  town-meeting,  and 
fixed  up  at  four  or  more  of  the  most  public  places  in 
the  same  town  or  ward,  at  least  eight  days  before  the 
time  therein  appointed  for  holding  such  town-meet- 
ing, and  the  town  clerk  of  each  of  the  said  towns  is 
hereby  required  to  give  such  notice  whenever  it  shall 
be  necessary  to  hold  such  town-meeting  for  electing 
any  of  the  officers  aforesaid  in  such  town,  or  when 
he  shall  be  required  to  do  so  by  any  twelve  or  more 
freeholders  of  such  town  or  ward,  and  when  accord- 
ing to  law  any  such  election  in  any  ward  of  any 
city  shall  become  necessary. 

SiXmS  XVI.  And  be  it  further  enacted,  That  where  the 
tained.      lands  or  meadows  of  any  two  or  more  persons  shall 

*  The  former  part  of  this  h  repealed.    See  Laws  of  1822,  p.  27, 5  9. 


107 


join  each  other,  each  of  them  shall  make  and  main- 
tain a  just  proportion  of  the  division  fence  between 
them,  except  such  persons  shall  choose  to  let  their 
lands  or  meadows  lay  vacant  and  open ;  and  in  case 
any  disputes  shall  arise  concerning  the  part  or  pro- disputes, 
portion  of  the  fence  to  be  made  and  maintained  by 
either  party,  the  same  shall  be  settled  by  the  fence 
viewers  of  such  place  where  such  lands  or  meadows 
shall  be  situated,  or  any  two  of  them,  whose  decision 
shall  be  conclusive  ;  and  if  any  person  shall  neglect 
or  refuse  to  make  and  maintain  his  or  her  part  or 
proportion  of  such  fence,  or  shall  permit  the  same  to 
be  out  of  repair,  every  such  person  shall  be  liable 
to,  and  shall  pay,  all  such  damages  as  shall  accrue 
to  his  or  her  neighbors,  thereby  to  be  appraised  and 
ascertained  by  the  fence  viewers  of  the  same  place, 
or  any  two  of  them,  not  interested  therein,  and  to  be 
recovered  with  costs  [in  any  court  having  cognizance 
of  the  same;]  and  in  case  the  party  so  neglecting  or 
refusing  shall  continue  such  neglect  or  refusal  for  the 
space  of  one  month  after  notice  and  request  to  make 
or  repair  such  fence,  then  and  in  every  such  case  it 
shall  be  lawful  for  the  party  injured  thereby,  to  make 
or  repair  all  the  said  fence  at  the  expense  of  the  party 
so  neglecting  or  refusing,  to  be  recovered  with  costs 
of  suit  [in  any  court  having  cognizance  of  the  same ;] 
and  in  case  any  person  who  shall  have  made  his 
proportion  of  any  such  fence  shall  conclude  or  be 
disposed  to  throw  up  his  said  lands  or  meadow  for 
common  feeding,  or  to  let  the  same  lay  open,  such 
person  shall  srive  three  months  notice  thereof  to  the  lay  openth^ir 

a  ,i       i        i  lands  on  stiv- 

person  or  persons  in  possession  ot  the  lands  or  mea-  fog  3  months 
dows  adjoining,  and  if  such  fence  shall  be  removed notlce 
without  giving  such  notice  or  before  the  expiration 
of  the  said  three  months,  then  the  person  removing 
the  same  shall  be  liable  to  make  good  all  such  dam- 
ages as  the  party  injured  by  such  removal  shall  sus- 
tain thereby,  to  be  recovered  as  aforesaid  with  costs. 

And  whereas,  in  some  parts  of  this  state,  the  fen- 


108 


Partition  Ten- 
res  when  de- 


ces  inclosing  meadow  and  low  land  are  frequently 
injured,  destroyed  or  carried  away  by  floods  and 
high  tides  which  generally  happen  in  the  spring  of 
the  year,  and  the  owners  of  such  meadow  or  low 
land  lose  a  great  part  of  the  profits  thereof  for  the 
whole  year,  unless  the  said  fence  be  speedily  re- 
paired or  new  made :  Therefore, 

XVII.  Be  it  further  enacted,  That  in  all  cases 

moyed^'how  where  such  partition  fence  shall  be  so  injured,  de- 
repaired,  See.  1  •     i  1         •  i 

stroyed  or  carried  away,  every  person  who  ought 
by  law  to  make  or  repair  the  same  shall  make  or  re- 
pair the  same,  or  his  just  proportion  thereof,  within 
ten  days  after  he  shall  be  thereunto  required  by  any 
person  interested  therein,  and  if  any  person  shall  re- 
fuse or  neglect  to  make  or  repair  his  proportion  of 
such  fence  for  the  space  of  ten  days  after  such  re- 
quest as  aforesaid,  then  it  shall  be  lawful  for  the  party 
injured  thereby  to  make  or  repair  all  the  said  fence 
at  the  expense  of  the  party  so  neglecting  or  refusing, 
and  to  recover  the  same  with  costs  [in  any  court 
having  cognizance  thereof.] 


Distress  of 
beasts  dam- 
ace  feasant. 


XVIII.  And  be  it  further  enacted,  That  when  any 
distress  shall  be  made  of  any  beasts  doing  damage, 
the  person  distraining  shall,  as  soon  as  convenient- 
ly may  be,  and  within  twenty-four  hours  thereafter, 
unless  the  distress  be  made  on  Saturday,  in  which 
case  he  shall  before  Tuesday  morning  thereafter, 
Fence  view-  make  application  to  the  two  nearest  fence  viewers 
SedioM^f6  in  the  same  town  to  appraise  and  ascertain  the  dam- 
age, who  shall  immediately  thereupon  go  to  the  place 
where  such  damage  shall  be  committed  and  view  the 
damage  done,  and  appraise,  ascertain  and  certify 
under  their  hands  the  amount  thereof,  with  their  fees 
SevieAveL f°r  tne  same>  and  if  any  dispute  shall  arise  concern- 
ed Knee0"  mo  *-he  sufficiency  of  the  fence  it  shall  be  determin- 
conciusive.   ec[  by  ^e  same  fence  viewers  whose  decision  shall 
be  conclusive ;  and  the  person  making  the  distress 
shall  as  soon  as  he  shall  think  proper,  and  within 
forty- eight  hours  after  making  such  distress,  unless 


109 


the  damage  shall  be  sooner  paid,  cause  the  beasts  Beast*  tobe 
so  distrained  to  be  put  in  the  nearest  pound  in  the  ScarUt pound 
same  county,  where  they  shall  remain  until  the  sum 
so  certified  by  the  fence  viewers,  with  the  fees  of 
the  pound  master,  shall  be  paid,  or  the  beasts  so  im- 
pounded be  replevied. 

XIX.  [And  be  it further  enacted,  That  it  shall  and  Common 
may  be  lawful  for  the  common  council  of  the  respec-  ^dwJu°drkou 
tive  cities  of  New-York  and  Hudson  to  make  such  £rc;f  ^ 
rules  and  regulations  for  making,  amending  and  main- 
taining the  fences  in  the  said  cities  respectively,  as 

well  partition  fences  as  others,  as  they  shall  from 
time  to  time  judge  most  proper  and  convenient.] 

XX.  And  be  it  further  enacted,  That  there  shall 

be  made  and  kept  one  or  more  sufficient  pounds  incityandtowu 
each  [city  and]  town  of  this  state,  [and  that  it  shall  coST 
and  may  be  lawful  for  the  common  councils  of  the  Albany  and 
several  cities  of  New-York,  Albany  and  Hudson  from  point  pound 
time  to  time  to  appoint  keepers  of  the  pounds  of  their  masters 
respective  cities,  who  shall  hold  their  offices  during 
the  pleasure  of  the  said  common  councils  respective- 
ly,] and  that  the  said  respective  keepers  of  the  said 
pounds  and  the  respective  pound  masters  in  each 
town  may  take,  for  all  beasts  that  shall  be  put  into 
the  pound  of  which  he  is  keeper  or  master,  the  fol- 
lowing fees,  to  wit:  for  taking  in  and  discharging 
every  horse,  gelding,  mare  or  colt,  and  all  neat  cat-  tcrs  fees, 
tie  twelve  and  an  half  cents  each,  and  for  every  sheep 
or  lamb  three  cents,  and  for  every  hog,  shoat  or  pig 
six  cents,  which  fees  shall  be  paid  to  the  said  keep-  Jjj  atod^ 
er  or  pound  master  by  the  owner  of  the  beasts  im- paW- 
pounded  or  some  person  for  him,  before  the  said 
beasts  shall  be  released  from  such  pound  unless  the 
keeper  or  master  of  such  pound  shall  otherwise  agree 
concerning  the  same,  and  if  the  owner  of  any  beasts 
impounded  for  doing  damage  shall  not  pay  the  dam- 
age and  the  fees  of  the  keeper  or  master  of  the  pound, 
with  reasonable  charges  for  keeping  and  feeding 


110 


them,  not  exceeding  three  cents  for  each  beast  for 
every  twenty-four  hours,  such  beast  shall  be  impound- 
ed and  fed,  within  six  days  after  such  beast  shall  be 
impounded,  or  replevy  the  same  beasts,  then  it  shall 

if  notpaid  an^  may  ^e  lawful  f°r  sucn  keeper  or  master  of  such 
how  and   '  pound  to  sell  such  beast  at  public  vendue,  giving  at 

when  to  be    f  „  •   i     i  •  •  p  i  -s 

s°i<i.  least  iorty-eight  hours  previous  notice  ol  such  sale, 
by  advertisement  to  be  set  up  at  the  said  pound,  and 
at  the  nearest  public  place  to  the  said  pound,  and  out 
of  the  monies  arising  from  such  sale  to  pay  the  said 
damages  and  retain  in  his  hands  his  fees  and  charges 
of  feeding  and  keeping  the  same  beast  and  of  such 

surplus  to  be  sa}e  and  retum  the  overplus  to  the  owner  of  the 

paid  the  own-  7  >  it 

•r-  same  beast,  and  if  no  such  owner  shall  appear  and 
aP^ena°r  in™  claim  such  overplus  within  six  calendar  months  after 
XS>fSr- sucn  sa^e'  tne  same  sna^  ^e  paid  to  the  overseers  of 
thesuS0eoftherthe  poor  of  the  [city  or]  town  where  such  beast  was 
?o°wn?f  the  impounded,  for  the  use  of  the  poor  of  [such  city  or] 
town. 

farm'Tvided  XXI.  [And  be  it  further  enacted,  That  where 
by  2  towns  to  any  lme  of  any  town  in  this  state  shall  intersect  a 

pay  taxes  in       J  J  pip  in  • 

whe!e  h"s    farm,  the  possessor  of  such  farm  shall  pay  all  his  tax- 
house  is.    es  for  sucn  farm  m  the  town  where  his  dwelling- 
house  shall  be.] 

Inhabitants  of 

XXII.  [And  be  it  further  enacted,  That  the  in- 
a!TdmS?oerth-  habitants  of  Hempstead  shall  have  and  enjoy  the 

Hempstead  to    ,    ,  „  .  p   -i  •  i      i  '  '    ,  i  i 

have  certain  nght  of  oystermg,  fishing  and  claming  in  the  creeks, 

«ystering,etc. 

bays  and  harbors  of  North-Hempstead ;  and  the  in- 
habitants of  North-Hempstead  shall  have  and  enjoy 
the  like  rights  and  privileges  in  the  creeks,  bays  and 
harbors  of  Hempstead.] 

TveTewaryds    XXIII.  And  be  it further  enacted,  That  it  shall  and 
E%inHng  may  ^e  lawful  f°r  tne  freeholders  and  inhabitants  of 
thistiea.na  a  the  several  towns  in  this  state,  at  their  respective 
annual  town-meetings,  to  make  such  provisions  and 
allow  such  rewards  for  the  destruction  of  the  noxious 
weed  commonly  called  the  Canada  thistle,  as  the 


Ill 


major  part  of  the  freeholders  and  inhabitants,  so  as- 
sembled at  any  stach  town-meeting,  shall  deem  ne- 
cessary and  proper ;  and  the  money  so  allowed  for  How  raised 
such  rewards  shall  be  raised  and  levied,  together an 
with,  and  in  the  same  manner  as,  the  other  expenses 
of  such  town  shall  be  raised. 

XXIV.  [Relates  to  division  of  towns,  and  is  referred  to  Chapter  II.] 

XXV.  And  be  it  further  enacted,  That  it  shall  be  ^^^J 
lawful  for  the  freeholders  and  inhabitants  of  the  sev-  jjjy^j^ * 
eral  towns  in  the  counties  of  Essex,  Franklin,  Sen-|j^gofnox- 
eca,  Columbia,  Albany  and  Clinton,  at  their  respec-  the  expense 

7  '  -> ,  *  _  *  of  the  owners 

tive  annual  town-meetings,  or  at  any  other  town-  of  lands,  etc. 
meeting  held  for  that  purpose,  to  make  provision  for 
destroying  noxious  weeds  on  the  lands  of  any  persons 
who  shall  be  actually  resident  in  the  said  towns  res- 
pectively, at  the  exclusive  expense  of  such  persons. 

XXVI.  And  be  it  further  enacted,  That  the  trus-  Trustees  of 
tees  of  the  towns  of  Rochester  and  Marbletown,  in  the  Marbletown, 
county  of  Ulster,  and  of  the  towns  of  Huntington  be  elected, 
and  Brookhaven,  in  the  county  of  Suffolk,  shall  res- 
pectively be  elected  on  the  day  of  the  general  elec- 
tion for  town  officers  of  the  said  towns. 

XXVII.  And  be  it  further  enacted,  That  the  free-  trustees  of 
holders  and  inhabitants  of  the  town  of  Westchester,  f™™f**tei 
in  the  county  of  Westchester,  may,  on  the  day  of  h™tp»e 
their  annual  town-meeting,  and  in  the  usual  manner ee 

of  electing  town-officers,  choose  six  freeholders,  resi- 
dent in  the  town,  for  trustees,  and  the  said  trustees, 
or  a  majority  of  them,  shall  and  may  order  and  dis-  Powersoft 
pose  of  all  or  any  part  of  the  undivided  lands  with- trU3tees 
in  the  said  town,  as  fully  to  every  purpose  as  trus- 
tees have  been  used  to  do  under  any  patent  or  char- 
ter to  the  said  town,  and  may  continue  to  lease  out 
the  right  and  privilege  of  setting  and  keeping  a  ferry  Ferry, 
across  the  East  river  from  the  said  town  of  West- 
chester to  the  town  of  Flushing,  in  Queens  county, 
in  like  manner,  at  the  same  rates  of  ferriage,  under 


112 

the  same  rules '^d  Regulations,  andjjpr  the  like  pur- 
poses, as  they  have  lawMly  beer4£customed  to  do 
since  the '  eighteenth  day^oft  ^pril,  one  thousand 
seven  hundred  and  eighty-fee. 

Inhabitants       XXVIII.  And  be  it  fwlhcr  enacted,  That  it  shall 
staiidardbrass  and  may  be  lawful  for  the  inhabitants  of  any  town 
JraoLe°dbby  in  this  state,  for  their  convenience,  and  by  a  vote  of 
derk.own    their  annual  town-meeting,  to  direct  the  clerk  of  such 
town  to  procure  and  deposit  in  his  Office  a  standard 
brass  yard,  to  be  sealed  by  the  person  authorised  to 
seal  and  compare  such  yard,  and  to  be  considered  as 
the  true  yard  for  all  the  purposes  aforesaid. 

Sshedivide"  XXIX.  [And  be  it  further  enacted,  That  where 
townstbeor  an)r  coimties  or  towns  in  this  state  are  separated 
channeuVbe  fr°m  eacn  otner  Dy  a  river  or  creek,  in  every  such 
hnedivlsion  case  tne  middle  of  the  channel  of  the  river  or  creek 

shall  be  and  hereby  is  declared  to  be  the  division 

line  between  them.] 

lupcjvisor^of  XXX.  [And  be  it  further  enacieU,  That  in  every 
application  of  case  in  which  the  bounds  of  a  town  already  erected, 
erai  to  cause  or  that  may  hereafter  be  erected,  shall  appear  to  be 

town  to  be  • 

mTefumiahd  so  descriDed  in  the  act  erecting  or  altering  the  same, 
^      &  that  they  cannot  be  delineated  by  the  surveyor-gen- 
eral on  the  map  of  this  state  without  a  survey  special- 
ly made  for  that  purpose,  it  shall  be  the  duty  of  the 
supervisor  of  such  town,  on  the  application  of  the 
surveyor-general,  to  obtain,  or  cause  such  survey  to 
be  made,  and  transmit  the  same  to  the  surveyor-gen- 
Expense  how  eral's  office,  the  costs  and  charges  of  which  shall  be 
?aid'        defrayed  by  such  town  in  the*  manner  in  which  other 
contingent  charges  of  towns  are  defrayed  and  paid.] 

Town-meet-  XXXI.  And  be  it  further  enacted,  That  in  such 
iSiacer-  of  the  towns  in  the  several  counties  in  this  state 

tain  towns  at      ,  ,  -,  -,  i  '  f 

thetimeshere-  where  the  town-meetings  have,  by  any  laws  in  lorce 
.o  ore  n-eot-  jmmec[iately  before  the  passing  of  this  act,  been  au- 
thorised^ be*  held  at  any  other  day  than  the  first 
Tuesday  of  ApKHn^each  yea*vsuch  town-meetings 
shall  so  continue  to  be  held,any  thing  in  this  act  to  the 
contrary  notwithstanding. 


